Nov 05, 2020 Code Enforcement and Appeals Board

[1. CALL TO ORDER / ROLL CALL / DETERMINATION OF A QUORUM]

[00:00:03]

FLUCH >> THIS THE NOVEMBER 5TH 2020 CODE ENFORCEMENT APPEALS BOARD HEARING AT CITY HALL ATTENDEES BY PRESENCE AND ON ZOOM. PLEASE CALL THE ROLL.

WE DON'T NEED TO SEEK ALTERNATIVES AT THIS POINT.

[2. APPROVAL OF MINUTES]

3RD? >> YES.

>> ANY CHANGES OR CORRECTION? HEARING NONE I WILL ENTERTAIN A

MOTION TO ACCEPT THE MINUTE. >> I MOTION THAT.

>> IS THERE A SECOND. >> SECOND.

>> PLEASE CALL THE ROLL.

>> I THINK YOU DO NEED -- [INAUDIBLE]

>> SPEAK UP, MICHELLE. >> WE'RE SHORT A PERMANENT MEMBER. FOR TONIGHT, I THINK WE SHOULD PROBABLY -- APPARENTLY WE ARE SHORT ONE MEMBER.

ALL THOSE IN FAVOR SAY AYE. >> AYE.

>> ARE THERE ANY CHANGES TO THE AGENDA?

>> NO CHANGES TO THE AGENDA. ARE YOU HERE AS THE ATTORNEY -- I'M HERE AS AN ATTORNEY.

>> COULD YOU DESCRIBE TO THE PEOPLE HERE THE CASA JUDICIAL

PROCESS THAT WE ARE IN. >> THIS IS QUASI-JUDICIAL PROCEEDINGS FOR THE CASES TONIGHT.

THAT'S SIMPLY MEANS THAT BOTH SIDES IN THE CASE OF THE CITY AND STAFF PRESENTING THE CASE RESPONDENT HAS AN OPPORTUNITY TO RESPOND TO THOSE. BOTH SIDES WILL HAVE AN OPPORTUNITY TO PRESENT EVIDENCE. THAT EVIDENCE CAN BE IN THE FORM OF TESTIMONY OR BE IN THE FORM OF DOCUMENTS.

SUCH AS PHOTOGRAPHS, OR ANYTHING ELSE IN WRITING.

EACH PARTY WILL HAVE AN OPPORTUNITY TO CROSS EXAM MIN THE WITNESSES FOR THE WITNESSES ON THE OTHER SIDE.

THE BOARD WILL BE THE FACT-FINDING BODY AND THEY WILL ISSUE THEIR DETERMINATION BASED ON THE EVIDENCE PRESENTED

TONIGHT. >> OKAY.

ARE THERE PEOPLE PRESENT WHO WILL BE TESTIFYING? IF THEY ARE, PLEASE RAISE YOUR HAND WE ASK THE CLERK TO SWEAR

THEM IN. >>

>> RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND THE EVIDENCE YOU ARE ABOUT TO GET IS TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

>> YES. >> WE HAVE ONE ITEM ON OLD

[3.1 Staff Update on 409 Fir Street, CASE 2019-0439 ]

FIRST OF ALL, WE HAVE A NEW OWNER FOR THE PROPERTY.

IT IS AT THIS MOMENT IN DISREPAIR.

WE HAD SOME PEOPLE LIVING IN IT ILLEGALLY.

SINCE THEN IT'S BEEN BOARDED UP. SO THERE IS STILL FINES AND FEES OWED ON IT. IT'S THAT'S BEING DEALT WITH BY

[00:05:03]

>> ANY QUESTIONS FOR STAFF? >> THANK YOU.

[4.1 JASMINE SCARVER, 1014 S. 10TH STREET, CASE 2020-0287. ]

[4.2 DAVID T. & ANTOINETTE BROWN, 823 S. 13TH STREET, CASE 2020-0284. ]

[4.3 NETHERLAND WILSON, 816 VERNON STREET, CASE 2020-0285. ]

>> MY ASSUMPTION IS WE WILL PROCEED WITH THE THREE CASES

UNDER NEW BUSINESS AS ONE ITEM? >> EACH OF THE ITEMS I THINK WOULD NEED SPRALT RULING. A SEPARATE MOTION.

BUT THE FACTS ARE GENERALLY THE SAME OTHER THAN THE OWNERSHIP

AND THE ADDRESSES. >> OKAY.

BEFORE WE START IT MAY BE CONFUSING TO SOME OF THOSE AT HOME. WE USE TERM LIKE GROUP HOME FACILITY AND RECOVERY RESIDENCES AND THEY WILL BE PRECISE TERMS. FOR PEOPLE THINK A GROUP HOME IS A GROUP HOME.

THEY ARE NOT NECESSARILY THAT. THERE'S SOME PRECISION HERE.

WE WILL BE TALKING ABOUT THAT. WITH THAT WE HAVE THREE CASES UNDER NEW BUSINESS. CASE NUMBER 2020-0287.

VIOLATION OF THE CITY OF FERNANDINA.

SECOND KID CASE 2020-0284. SAME SET OF VIOLATIONS.

CASE 4.3. NETHERLAND WILSON 816 VERNON STREET, CASE 2020-0285. THE SAME SET OF VIOLATIONS.

WOULD YOU CARE TO PROCEED. >> THANK YOU.

MY NAME THE TAMMY BALK. I'M THE CITY ATTORNEY.

TODAY I'M REPRESENTING THE CODE COMPLIANCE DEPARTMENT IN THIS CASE. NORMALLY, YOU ALL SEE ME REPRESENTING THE BOARD. TONIGHT I HAVE A CONFLICT BECAUSE I'VE BEEN INVOLVED WITH STAFF IN THESE CASES.

AND JUST TO CORRECT THE RECORD AND BE PRESIDE AS YOU SAY, THE VIOLATIONS TONIGHT OF THE LAND DEVELOPMENT CODE.

6.0216 AND 6.02.16. GROUP HOMES AND GROUP RESIDENTIAL. IS THAT WHAT YOU HAVE ON YOUR

AGENDA. >> YES, IT SAID FERNANDINA COACH OF ORDINANCES AND LAND DEVELOPMENT.

>> LAND DEVELOPMENT CODE. WE WILL HEAR ABILITY WHAT RECOVERY RESIDENT IS. IT'S NOT A DEFINITION UNDER THE CITY CODE. IT'S UNDER STATE LAW AND I WILL SHOW YOU THAT A LITTLE BIT LATER.

I WANTED TO TELL YOU A LITTLE BIT TONIGHT BEFORE I CALL MY WITNESSES YOU CAN OPENING STATEMENT OF SORTS AND JUST TELL YOU WHAT THE CITY THINKS THAT THE CASE IS ABOUT AND WHAT WE THINK IT IS NOT ABOUT. WHAT WE THINK THE CASE IS ABOUT IS PRETTY SIMPLE. ALL OF THE PEOPLE IN THIS ROOM KNOW THAT THEY ISSUES THAT WE WILL BE TALKING ABOUT ARE NOT SIMPLE AT ALL. BUT THE CASE IS SIMPLE.

WE HAVE A ZONING CODE. WE HAVE A ZONING DISTRICT AND ALLOWING WITHIN THE ZONING DISTRICT.

WE BELIEVE OUR CODE IS LAUFL. IT WAS ADOPTED LAWFULLY AND APPLIED LAWFULLY WITH NO DISCRIMINATION BASED ON ANY USES. PARTICULARLY THE USES THAT WE'RE GOING TO TALK ABOUT TONIGHT. EYE SEEN NEWSPAPER ARTICLES RECOVERY RESIDENT WE DON'T USE THE TERMS IN THE CITY BECAUSE WE THINK THOSE TERMS ARE ACTUALLY DISCRIMINATORY.

THE CITY DOES NOT HAVE ANY BUSINESS INSIDE ANYBODY'S HOME, ANYBODY RENTED HOME WHEN THERE'S A GROUP OF INDIVIDUALS IN THIS CASE ADULTS THAT RESIDING UNRELATED IN A HOME.

WHAT THEY ARE DOING IN THE HOMES IS NOT THE BUSINESS OF THE CITY.

WHAT WE DID MANY YEARS AGO WHEN WE ADOPTED THE GROUP HOMES AND GROUP RESIDENTIAL ZONING DISTRICTS AND USES.

WHAT WE DECIDED TO DO WAS NOT BE SPECIFIC.

NO MATTER WHY INDIVIDUALS AREALLYING TOGETHER IS NOT THE BUSINESS OF THE COMMUNITY OR ANYBODY ELSE JUST THOSE RESIDENTS. WE DON'T USE RECOVERY.

SOBER OR HALFWAY HOUSE OR ANYTHING LIKE THAT.

THAT COULD BE DISCRIMINATORY IN MY OPINION ANYWAY.

THESE ARE UNRELATED INDIVIDUALS LIVING TOGETHER WHETHER IT'S FOR

[00:10:04]

I KNOW WE'RE GOING TO HEAR A LOT ABOUT SUBSTANCE ABUSE DISORDER.

THE LACK OF FACILITIES IN THE COUNTY AND THE CITY.

THOSE ARE IMPORTANT ISSUE TO ME PERSONALLY AND TO OUR CITY COMMISSIONER. BUT NOTHING WE WILL RESOLVE TONIGHT. WE HAVE TO FOCUS ON WHAT WE HAVE BEFORE US AND IT'S A VIOLATION OF THE ZONING CODE.

THE HOME I WILL START 1014 >> LET ME MAKE ONE POINT.

THE CASES THAT ARE BEING BROUGHT HERE ARE NOT BROUGHT AGAINST PEOPLE WHO MAY BE TENANTS OF THOSE FACILITIES.

OR MAY HAVE LEASE AGREEMENTS WITH THOSE FACILITIES.

WE DON'T KNOW WHAT THOSE ARE. THEY ARE BEING BROUGHT AGAINST

THE OWNERS OF EACH BUILDING. >> CORRECT.

>> CORRECT. >> AND WHAT THEY ARE SPECIFICALLY ARE VIOLATIONS OF LAND DEVELOPMENT CODE WITH REGARD TO HOW A PROPERTY IS USED.

IN THE CASE OF 1014 SOUTH 10TH STREET.

AND SOME OF WHAT I'M GOING TO SAY I WILL ASK AN OFFICER TO TALK A LITTLE BIT ABOUT THEIR CNVERSATIONS AND I'VE NEVER BEEN TO ANY OF THE HOMES. I DON'T KNOW THE PEOPLE THAT LIVE THERE. I DON'T KNOW WHAT THEY LOOK LIKE FROM THE INSIDE OR ANYTHING LIKE THAT.

BUT WHAT WE'RE GOING TO HEAR TONIGHT FOR THE CITY'S EVIDENCE IS THAT WE HAVE TWO DIFFERENT CATEGORIES AND I WILL PULL UP A POWERPOINT. I APOLOGIZE FOR ANY OF YOU THAT WILL NOT BE ABLE TO SEE THE OTHER MEMBERS ON THE SCREEN WHEN I DO THIS. I NEED THE POWERPOINT TO BE CLEAR. IT'S JUST A FEW SLIDES.

I PROMISE, I WILL NOT TAKE THIS INTO HOURS OF TESTIMONY.

SORRY ABOUT THAT. >> ALL RIGHT.

>> IT'S THE ONE THAT LOOKS LIKE AN OLD SCHOOL DESK.

>> SORRY. I SHOULD BE YOUR RIGHT AND LEFT.

>> OKAY. WE'RE TALKING AS IT SAY GROUP HOME AND GROUP RESIDENTIAL HOME. WE TALK ABOUT THE LAND DEVELOPMENT CODE SPECIFICALLY THE ZONING CODE AND ZONING DISTRICTS. GROUP HOME AND GROUP RESIDENTIAL. WE DEFINE THOSE UNDER OUR LAND DEVELOPMENT CODE. A GROUP HOME WE'RE NOT GOING TO READ EVERY WORD. BASICALLY, AT LEAST FOUR RESIDENTS BUT NOT MORE THAN 15. AND SUN SUPERVISE AND CARE ARE THERE FOR THE SOCIAL IMMEDIATES OF REST KEBT.

GROUP RESIDENTIAL MEANS RESIDENTIAL FACILITY OCCUPIED BY FIVE OR MORE INDIVIDUALS AND I HIGHLIGHT THE BOTTOM STENGS BECAUSE I THINK THAT'S MOST IMPORTANT DIFFERENTIATES FROM GROUP HOMES. THERE'S NOT PERSONAL CARE OR SUPERVISORY SERVICES TO ITS RESIDENTS.

THE EVIDENCE WILL SHOW THAT THERE MAY BE ON SITE SUPERVISE.

I'VE HEARD EARLIER MONTH AGO THERE WAS NOT.

ANYBODY ON SITE ALL THE TIME. MANAGING OR SUPERVISOR THE RESIDENTS AND THEN RECENTLY HEARD BUT WE WILL FIND OUT THROUGH TESTIMONY WHETHER OR NOT THERE'S SUPERVISION.

FOR GROUP HOMES IF THERE IS SUPERVISE, YOU'VE GOT FOUR MORE RESIDENTS THE GROUP HOMES OF SIX OR FEWER RESIDENTS THEY MUST BE LICENSED BY THE DEPARTMENT OF CHILDREN AND FAMILIES.

GROUP HOMES FROM 7 TO 14 UNRELATED RESIDENTS, THEY ARE

[00:15:03]

THAT'S THE DISTINCTION. GROUP HOMES ARE SIX OR FEWER OR SEVEN OR MORE AND THEY BOTH HAVE TO BE LICENSED BY DCF IN ORDER TO FIT INTO THE CITY'S DEFINITION OF GROUP HOME AND BE

ALLOWED. >> FOR EXAMPLE, EVEN THERE WAS SUPREMACY. IT WOULD STILL HAVE TO BE

LICENSED. >> CORRECT.

>> THEY WOULD HAVE TO BE LICENSED BY DCF.

I COULD MAKE THIS BIG. YOU KNOW THAT'S OUR CITY.

THE AIRPLANE RUNWAYS. EVERY BIT OF AND I HAVE MRS. GIBSON HERE OUR PLANNING AND CONSERVATION DIRECTOR TO LET ME KNOW IF I'M WRONG. EVERY ONE OF THE COLORED LINES IN THE LEGEND THERE, THE COLORED BARS ARE A ZONING DISTRICT WHERE GROUP HOMES ARE ALLOWED IN OUR CITY.

AS YOU CAN SEE THEY ARE ALLOWED ALL OVER THE CITY IN MANY DIFFERENT ZONING CAD GORYS. AGAIN, WITH SUPERVISE AND DCF LICENSE. THE CITY IS MAKING PROVISIONS OR ACCOMMODATIONS FOR FOLKS TO LIVE AGAIN WITHOUT REGARD TO WHY THEY ARE LIVING TOGETHER, BUT THE REASONS DAY ARE THERE BUT THEY ARE PERMITTED TO BE IN ALL OF THE DIFFERENT ZONING CATEGORIES.

THIS INCLUDES IF I BLOW IT UP THE NEIGHBORHOOD THAT WE'RE TALKING AND AND I WILL SHOW YOU A PARAGRAPH OF THAT TOO.

THE HOMES ARE CLOSE TOGETHER ON TENTH AND VERNON AND SOUTH 13TH.

WHERE YOU SEE THE YELLOW TOWARD THE MIDDLE OF THE MAP.

THERE. I DON'T HAVE A POINTER.

BUT THOSE ARE ALL RESIDENTIAL ZONING DISTRICTS.

AND THAT INCLUDES THE DISTRICT R-2 WHERE ALL OF THE HOMES THAT ARE ON THE AGENDA TONIGHT IN OUR CASES ARE LOCATIONED.

IN R-2. GROUP HOMES ARE ALLOWED IN R-2.

WE DO A LOT AND MAKE ACCOMMODATION FOR GROUP HOMES IN

R-2. >> HERE WE HAVE PLEASE IGNORE THE NINTH STREET ADDRESS. THAT'S NO LONGER A CASE OR ANY UP YOU THAT WE HAVE. YOU HAVE THE CIRCLE THERE.

WE 1014 SOUTH NINEMENT STREET. AND 823 SOUTH 13TH STREET.

THE REASON THE CIRCLE ARE DOWN THIS MEASURES 1200 FEET IN RADIUS THE HOME CANNOT BE CLOSER AS A GROUP HOME THAN 23.

THEY CAN'T BE MORE THAN -- CLOSER THAN 1200 FEET.

YOU CAN SEE THE TWO HOMES VERNON STREET AND 13TH STREET ARE RIGHT NEAR EACH OR. THE ONE ON TENTH IS WITHIN 1200

FEET OF THE OTHERS. >> THE LAST LAYER THE DISTANCE REQUIRE. .

YOU CAN HAVE GROUP HOMES BUT YOU NEED TO HAVE THEM SPACED OUT.

>> GROUP RESIDENTIAL. DOES THE BOARD HAVE ANY QUESTIONS FOR ME ABOUT GROUP HOMES?

>> WE KNOW 1200 FEET. HAVE TO BE LICENSED.

>> HAVE TO BE LICENSED. HAVE TO HAVE SUPERVISION.

>> CATEGORY MEANING SIX OR FEWER OR 7 TO 14.

>>> YES. >> I CAN MINIMIZE IF YOU WANT TO LOOK AT YOUR FELLOW BOARD MEMBERS.

>> THEY ARE ON MY SCREEN. GROUP RESIDENTIAL.

THIS IS A GROUP RESIDENTIAL ALLOWED IN FAR FEWER CATEGORIES.

YOU DEFINE AS ALLOWED IN THE RP-3 AND C OF 3.

THEY ONLY FOR THE PURPOSE OF HOUSING TO RESIDENCE AND NOT TO BE USED FOR ANY PERSONAL CARE SERVICES WHICH MEANS THAT THE FACILITY IF YOU WILL OR THE SITE PROVIDES PERSONAL SERVICES TO THEM. IT'S BASICALLY UNRELATED INDIVIDUALS LIVING TOGETHER. THEY ARE THERE FOR RESIDENTIAL PURPOSES. THEY ARE NOT JUST STAYING THERE.

>> GROUP RESIDENTIAL FACILITIES HAVE MAXIMUM OCCUPANCY RESTRICTIONS BASED UPON FINDING OF A FIRE MARSHALL'S INSPECTION AND THAT THEN THERE'S A PARKING REQUIREMENT THE NEXT ONE THAT'S IT. THOSE ARE THE ONLY REQUIREMENTS THERE'S NO DCF LICENSE AND THERE'S NO SUPERVISORY CHOIRED.

[00:20:03]

WHERE DOES THE OCCUPANCY TERM FOR RESIDENT -- I UNDERSTAND THESE ARE SOMETIMES BIT MORE TRANSTORY THAN AN ACTUAL REST DENVER. HOW IS THAT DEFINED?

>> WELL IT'S INTERESTING THAT YOU SAY THAT.

I'VE ACTUALLY NOT THOUGHT ABOUT. I'M STARTING TO THINK LIKE RENTALS OF THINGS THROUGH THAT. IF THEY ARE TRANSIENT.

YOU DON'T DISTINGUISH. WE DON'T GET INVOLVED IN THAT AT ALL. IF THEY LIVE THERE FOR A WEEK OR THEY LIVE THERE FOR A YEAR OR 30 DAYS OR 90 DAYS.

IT'S NO MATTER TO THE CITY. IT CAN BE ANY LENGTH OF TIME.

LONG TERM. SHORT-TERM.

AND WE DON'T HAVE ANYTHING IN OUR LAND DEVELOPMENT CODE.

IT TALKS ABOUT THE OCCUPANTS OR THE RESIDENTS.

>> I WILL ASK HER. >> PLEASE IDENTIFY YOURSELF KELLY GIBSON. I'M WITH THE CITY OF FERNANDINA BEACH. PLANNING CONSERVATION DEPARTMENT. I BELIEVE THE QUESTION WAS ASSOCIATED WITH THE OCCUPANCY AND HOW THAT IS DETERMINED BY

THE FIRE MARSHALL. >> IF THERE'S A TIME PERIOD WHERE SOMEONE IS IN A RESIDENCE THAT DEFINES A RESIDENT.

I UNDERSTAND THERE'S ROTATION OF INDIVIDUALS IN SOME OF THE HOUSES, IS THERE A TERM PERIOD THAT SAYS YOU NEED A RESIDENT QUALIFICATION. THERE'S NOT A TERM THAT DEFINES THAT DIRECTLY, WHAT ARE QUALIFIED AS RESIDENT AND PARAMETER THAT YOU OCCUPY THAT STRUCTURE.

>> BUT WITH RESPECT TO R-3 ZONING DISTRICT THERE'S A LIMITATION FOR THE RENTALS. WHEREBY THE REST OF THE DOENING DISTRICT THE TYPE OF USE WOULD HAVE TO BE 31-DAY OR MORE RENTAL

STATUS. >> THAT'S WHAT I WAS THINKING TOO. THAT'S UNDER OUR RESORT RENTAL.

ORDINANCES. IT WOULD BE KIND OF IN THIS CONTEXT HARD TO ENFORCE. WE ALMOST DON'T LOOK AT THAT.

JUST BECAUSE THE WAY THAT WE ENFORCE RESORT RENTALS THROUGH ADVERTISING FOR VACATION RENTAL AND THAT'S NOT WHAT'S HAPPENING HERE. I'M JUST TRYING TO HOW YOU DEFINE HOW MANY RESIDENT ARE IN AN ACTUAL STRUCTURE.

IF THERE'S NO DEFINITION FOR RESIDENCE.

>> >> OKAY.

SO IN A GROUP RESIDENTIAL YOU COULD HAVE 15 PEOPLE LIVING IN

THAT HOUSE. >> YES.

>> OKAY. THIS IS WHERE GROUP RESIDENTIAL IS ALLOWED. FEWER DISTRICTS, FEWER PLACES IN THE CITY. BUT STILL SPREAD OUT CERTAINLY CONCENTRATION OF ANY ONE THERE IN THE PURPLE AREA.

WHICH IS NEAR THE NEIGHBORHOODS THAT WE'RE TALKING ABOUT TONIGHT. IT IS POSSIBLE TO HAVE GROUP RESZ DENTIAL WITH LIKE I SAY FEW RESTRICTIONS OTHER THAN FIRE MARSHALL INSPECTIONS AND SOME PARKING SPACES TO BE ABLE TO HAVE GROUP RESIDENTIAL HOME OR FACILITY WITH NO SUPERVISE.

A BOARDING HOUSE OF SORTS BUT NOT CONSIDERED A LODGING ACCOMMODATION. TOTALLY DIFFERENT TERM UNDER OUR CODE. FINALLY, I WANTED TO IN THE SLIDE MAKE THE POINT THAT THE REASONABLE ACCOMMODATION FOR PEOPLE WITH DISABILITIES AND HOW DOES THE CITY ADDRESS THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT.

ADA AND FHA. THE CITY DEVELOP OUTSIDE OF GROUP HOME AND GROUP RESIDENTIAL IN NIS RESIDENTIAL ZONING DISTRICT ANYWHERE IN THE CITY YOU HAVE FEWER THAN FIVE OR FOUR UNRELATED INDIVIDUALS CAN RESIDE IN ANY HOME FOR ANY REASON ANYTIME. NO REGULATION BY THE CITY.

NO FIRE MARSHALL INSPECTION. SECOND THE CITY DOES NOT AS I SAID EARLIER CHARACTER GROUP RESIDENTIAL GROUP HOPES AS SOBER HOMES OR RECOVERY RESIDENCE BECAUSE IT'S NOBODY BUSINESSES WHY PEOPLE LIVE IN THE HOMES OR WHAT THEY ARE DOING.

CITY FINALLY PROVIDING MANY ZONING DISTRICTS THAT ALLOW

[00:25:02]

I BELIEVE GEORGE WELLS ALSO MADE SOME CONTACT WITH MR. GREEN WHO I THINK WE ALL KNOW FROM THE NEWSPAPER AND HE'S WORKING WITH RESIDENTS IN THE THREE HOMES AND I KNOW THAT MISS FORSTROM HAD CONVERSATIONS ON OR ABOUT JULY 21ST.

O 20. I WOULD LIKE MICHELLE TO COME UP AND INTRODUCE HERSELF. AND I WILL ASK YOU A COUPLE OF QUESTIONS. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD. MICHELLE FORSTROM.

FERNANDINA BEACH, FLORIDA. THIS CASE CAME BEFORE CAME TO CODE ENFORCEMENT ATTENTION BACK IN MAY 21ST, ACTUALLY 2019.

CITY STAFF INCLUDING KELLY GIBSON ANGIE LEICESTER WHO PROCESSES LOCAL BUSINESS TAX RECEIPTS AND MYSELF MET WITH -- WE ALL MET TO DISCUSS THE LAND DEVELOPMENT CODE REGARDING GROUP HOMES AND GROUP RESIDENTIAL.

THIS WAS AFTER MR. GREEN HAD CONTACTED MISS LEICESTER ABOUT INFORMATION TO DO THIS. JULY 26TH, 2019 AGAIN STAFF THIS TIME ALSO INCLUDING JAKE PLAT, MYSELF ANGIE LEICESTER MET WITH MR. GREEN AND BAR KENT. TO DISCUSS LAND DEVELOPMENT CODE AND REGULATIONS ASSOCIATED WITH THE OPERATION.

>> JUST FOR THE RECORD. CAN YOU IDENTIFY WHO THE PEOPLE ARE. WHAT TITLES THAT I HAVE.

>> KELLY GIBSON IS THE PLANNING AND CONSERVATION DEPARTMENT DIRECTOR. JACOB PLATT IS SENIOR PLANNER.

ANGIE LEICESTER IS -- SHE PROCESSES THE LOCAL BUSINESSES TAX RECEIPT WHICH WOULD BE NEEDED FOR GROUP HOME.

I'M TRYING TO THINK WHO ELSE WAS ON HERE.

MISS BAR KENT IS SOMEWHAT OF AN ASSOCIATE, I WOULD SAY WITH MR. GREEN. AND WAS WORKING WITH HIM IN

REGARDS TO ALL OF THIS. >> IS THAT A PROPER ASSESSMENT?

>> OCTOBER 5TH 2019, THE STAFF, AGAIN MET WITH MR. GREENE.

MR. GREENE IS IN CHARGE OF THE DIFFERENT LOCATIONS OF THESE WHEN YOU SAY HE'S IN CHARGE. THESE PROMPTED THERE'S A LANDLORD TENANT RELATIONSHIP WITH THESE.

HE LEASES THROUGH THE PROPERTIES.

>> WHO IS -- IS IT THEIR 501-C-3 THE TENANT OR MR. GREENE

PERSONALLY? >> I DON'T KNOW.

>> IT'S OKAY TO NOT KNOW. >> I WOULD ASK MR. GREEN THAT.

>> BACK TO OCTOBER 5TH. AGAIN WE MET WITH HENRY GREEN AND BARB KENT TO DISCUSS THE LAND DEVELOPMENT CODE.

REGARDING THE GROUP HOME AND FUTURE GROUP AND REGULATION RESTRICTION AND OPTION ASSOCIATED WITH THEIR OPERATION.

AT THE TIME HE CALLED THEM SILVER HOMES UNDER THE DEFINITION. THEY WOULD BE GROUP HOMES.

OR GROUP RESIDENTIAL. IT'S KIND OF A GRAY AREA.

WE EXPLAINED THAT MR. GREEN MUST GET LICENSED IN ORDER TO OPERATION A SOBER HOME. AND THEN HE WOULD NEED LOCAL BUSINESS TAX RECEIPT FROM THE CITY.

ON JULY 21ST. 2020 CITY STAFF, CITY ATTORNEY, MISS KATIE NEWTON AND HERSIACE NT.

[00:30:02]

CHIEF HURLEY. CHIEF OF POLICE.

DEPUTY CHIEF FOX WORTH. OF THE POLICE.

CAPTAIN BISHOP OF THE POLICE. AND SERGEANT PETE FROM THE POLICE. MET IS VIA ZOOM TO DISCUSS MR. HENRY SOBER HOMES OR GROUP HOMES.

ANMENT INS CONDUCTED BY OFFICER WELLS MYSELF.

WE MET MR. GREEN AT HIS PROPERTY WHICH WAS AT 2014 SOUTH 10TH STREET. HE GAVE US TOUR OF THE HOME.

UPON ENTRY THERE WERE MANY, MANY CHAIRS SET UP IN ROWS FOR ASSEMBLY FOR ANONYMOUS ALCOHOL ANONYMOUS AND NARCOTICS ANONYMOUS MEETING. I COUNTED 15 BEDS IN THE SINGLE FAMILY THREE BEDROOM TWO BATH HOUSE.

MR. GREEN INFORMED ME THAT AT ANY GIVEN TIME THERE WERE ABOUT 6 MEN RESIDING HERE FOR A MAXIMUM OF 90 DAYS.

THE OTHER BEDS ARE OCCUPIED BY SHORTER TERM RESIDENTS ANYWHERE FROM ONE TWO A FEW DAYS FOR TRANSITION PURPOSES.

I ASKED HIM ABOUT THE OTHER THREE HOMES.

I WILL SAY TWO HOMES THAT WILL ALSO BE BROUGHT BEFORE YOU TONIGHT. HE TOLD THAT THE OTHERS IF NOT ALREADY WOULD BE THE SAME SET UP.

HE ALSO TOLD ME THAT HE DID NOT NEED ANY LICENSURE BECAUSE HE WAS OPERATING UNDER MINISTRY. I TOLD HIM, THAT I WOULD LIKE INTO IT. BUT I DIDN'T THINK THAT WAS THE CASE. WE ALSO TALKED TO HIM ABOUT THE OTHER VIOLATIONS AND WHAT NEEDED TO BE DONE.

BUT ALL THE VIOLATIONS FOR 5.0109 OUTDOOR STORAGE AND 6.02.16 GROUP HOMES HAVE BEEN BROUGHT INTO COMPLIANCE AT THIS TIME. I DIDN'T SAY THAT RIGHT.

YOU SAID THAT YOU WERE GOING TO LOOK INTO THE QUESTION OF HIS OPERATING AS A MINISTRY. DID YOU DO THAT?

>> I DID. >> I TALKED WITH THE CITY ATTORNEY. WHAT DID YOU DISCOVER.

>> WE DISCOVERED THAT WAS NOT THE CASE.

LICENSURE WAS STILL NEEDED. MINISTRY DIDN'T HAVE ANYTHING TO DO WITH IT. THAT'S THE CONCLUSION.

AND I CAN FILL IN THE GAPS. >> ON JULY 27TH.

2020, CITY STAFF AGAIN TOMMIAL BALK CITY ATTORNEY KATIE NEWTON HER ASSISTANT KELLY GIBSON AND MYSELF MET VIA CONFERENCE CALL TO CONFIRM THAT MR. GREEN IS INDEED IN VIOLATION OF THE LAND DEVELOPMENT CODE BY OPERATING A GROUP HOME WITHOUT WITHING LICENSED. ON JULY 31ST 2020 HE MAIL CERTIFIED NOTICE OF VIOLATION NOTICE OF HEARING TO PROPERTY OWNER AND TO MR. GREEN A COPIY OF THE SIGNED RECEIPT WAS RETURNED. WITH OWNER SIGNATURE AND THROUGH UNITED STATES POSTAL TRACKING SYSTEM ONLINE RECEIPT CONFIRMATION OF MR. GREEN HAD BEEN DELIVERED GIVING PROPER NOTICE. DR. JEFF R BLACK CALLED ME TO SCHEDULE A PETE WITH HE AND MR. GREEN.

MEETING SCHEDULED FOR AUGUST 11 LITTLE, 2020 IN THE CITY ATTORNEY'S CONFERENCE ROOM. ON AUGUST 11TH TAMMY BACH.

CITY ATTORNEY. MR. GREENE, DR. JEFFREY BLACK AND I MET TO DISCUSS THIS CASE AND THE OTHER TWO CASES INCLUDED IN THE EVIDENCE THIS DOCUMENTATION, IN THIS DOCUMENTATION FOR BACK UP AND DISCUSSION.

WE WERE TOLD THAT MR. GREEN MUST COMPLY WITH THE SUPPLEMENTAL STANDARD IN THE LAND DEVELOPMENT CODE WHICH THEY CURRENTLY ARE NOT DOING. THAT'S WHAT MISS BACH SHOWED YOU EARLIER. WE DIDN'T RECEIVE THE CERTIFIED GREEN CARD BACK. WHEN WE CHECKED THE TRACKING SYSTEM. THE LAST STATUS ITEM THAT SAID THAT AS OF AUGUST 7TH 2020, ITS STILL IN TRANSIT.

IT STILL SAYS THAT TODAY. WE DID, HOWEVER RECEIVE MR. GREEN'S CARD BACK BECAUSE WE COULD NOT PROVE THE PROCESS TO PROPERTY OWNER. WE PULLED ALL THREE CASES OFF OF

[00:35:03]

WHICH IS WHY IT TOOK SO LONG FOR US TO GET HERE.

WE WANT L ALL THROUGH CASES TO BE HEARD AT THE SAME TIME.

UNTIL NOW WE HAVE NOT HAD DUE PROCESS FOR ALL THREE PROPERTIES. BUT WE DO NOW.

WE COVERED EVERY BASIS EVERYTHING WE POSTED.

WE DID EVERYTHING. I WANTED TO EXPLAIN THAT.

TALKS MORE ABOUT US SENDING OUT THE NOTICE.

WE HAD TO CANCEL AND TALK TO THE PROPERTY OWNERS AND TO THE CONCERNED PEOPLE. I HAD TALKED TO MR. GREEN.

HAD TALKED TO DR. BLITH. AND I TALKS TO NEW PROPERTY OWNER ON OCTOBER 1ST. WHICH IS MISS AS-SINN SCARVER.

I CALLED HER BECAUSE SHE WAS A NEW OWNER.

I DIDN'T KNOW WHO SHE'S. I WANTED TO MAKE SURE SHE WAS AWARE WHAT'S GOING ON. AND SHE SAID SHE WAS UNAWARE OF THE ALLEGED VIOLATION AT THE PROPERTY.

SHE SAID THAT FULL DISCLOSURE WASN'T BEGIN BY THE PREVIOUS OWNER WHICH FOUND OUT WAS HER MOTHER.

SHE TOLD ME SHE WAS GOING TO GET A CEASE AND DISEASE ORDER.

I GAVE HER UNTIL NOVEMBER 2ND 2020.

BUT AFTER SHE TALK MR. GREEN SHE THEN DECIDED TO LET THE CASE PLAY OUT BEFORE THE BOARD TONIGHT.

WE REMOVED THE CASE AND THE ASSOCIATED ONE ON THE AGENDA.

WHICH BRING US TO HERE. OCTOBER 5TH, 2020 WE SENT ANOTHER NOTICE OF VIOLATION. NOTICE OF HEARING LETTER CERTIFY AND FIRST CLASS MAIL TO THE NEW OWNER AND MR. GREEN WAS A INCLUDED IN THE EVIDENCE BOTH GREEN CARDS WERE RECEIVED BACK.

WE WILL HAVE ANOTHER EXPERT WITNESS AND WITNESSES TO TESTIFY BEFORE I SAY THE CONCLUSION I JUST WANT TO ENTER ALL OF THIS INTO EVIDENCE BEFORE I FORGET. CONCLUSION IS THAT THE ACTIVITY CONTINUES TO THIS DAY. OUR RECOMMENDATION IS THAT A MOTION BE MADE TO FIND THE PROPERTY IN VIOLATION OR 6.02.16. GIVING THE RESPONDENT TWO WEEKS OR 14 DAYS ADDITIONAL TO COME INTO COMPLIANCE BY NOVEMBER 19TH 2020. CITY RECOMMEND A MOTION ALL ADMINISTRATIVE FEES BE PAID BY THE RESPONDENT THAT FINE OF 200 A DAY FOR THE VIOLATION TO BEGIN ON NOVEMBER 20TH.

2020, IF NOT IN COMPLIANCE ALONG WITH FILING A LEAN ON THIS PROPERTY ON JANUARY 4TH. 2021, 45 DAYS FROM NOVEMBER

20TH. >> WHEN YOU WENT THROUGH ALL OF THIS IN EVIDENCE. ARE YOU TALKING ABOUT THE ENTIRE PACKET. I TALK ABOUT THE -- YES.

THIS IS FOR ALL THREE CASES? >> ANY OBJECTION.

WITHOUT OBJECTION. THEY ARE ENTERED INTO THE

RECORD. >> ANYONE HAVE QUESTIONS FOR ME?

>> I DO. >> JUST FOR THE RECORD, WHO WAS

YOUR EMPLOYER. >> CITY OF FERNANDINA BEACH.

>> HOW LONG HAVE YOU BEEN PLOYED BY FERNANDINA BEACH?

>> GOING ON 16 YEARS. RIGHT NOW YOU ARE CODE COMPLIANCE OFFICER. I'M A CODE ENFORCEMENT DIRECTOR AND I ALSO SERVE AS AN OFFICER. AND HOW LONG HAVE YOU BEEN A

CODE ENFORCEMENT OFFICER? >> ABOUT 15 YEARS.

>> THAT REQUIRES SOME KIND OF CERTIFICATION.

I HAVE ALL FOUR CERTIFICATION WITH THE FLORIDA ASSOCIATION OF

CODE ENFORCEMENT. >> WHAT DOES ALL FOUR MEAN?

>> THERE'S MORE LEVELS OF CERTIFICATION THAT YOU CAN GET.

FUNDAMENTALS LEGAL, LEGAL ASPECTS.

ADMINISTRATIVE ASPECT AND SAFETY FIELD SAFETY.

>> WHEN YOU WERE COMPLETING YOUR.

LET ME GO BACK TO INSPECTION ON JULY 21.

BECAUSE WE ARE TALKING EVIDENCE HERE THAT WILL APPLY TO ALL THREE CASES, I WANT TO JUST MAKE SURE WE'RE CLEAR ABOUT WHAT EVIDENCE APPLIED TO EACH CASE. EACH ONE OF THE HOMES HAS A

[00:40:01]

AND I DON'T KNOW IF ANY OF THE PROPERTY OWNERS ARE HERE.

BUT CERTAINLY REPRESENTATIVES ARE HERE.

WE KNOW MR. GREEN IS HERE. AND I WILL ASK HIM SOME

QUESTIONS IN A LITTLE BIT. >> MICHELLE.

YOU NOD YOUR HEAD YES TO ALL OF THE QUESTIONS.

>> YES. THANK YOU.

>> YOU WERE SAYING YOU ININSPECTED 10 STREET.

YOU FOUND 15 BED SET UP IN ASSEMBLY FASHION.

DID YOU HAVE CONVERSATION WITH MR. GREEN -- I'M SORRY YOU DID.

YOU SAID THAT YOU HAD A CONVERSATION WITH HIM ABOUT THE OTHER HOMES. THE OTHER HOMES.

AND I'M USING AIR QUOTES HERE. LET'S TALK ABOUT THAT A LITTLE BIT. WHAT OTHER HOMES DID YOU KNOW THE ADDRESSES AT THE TIME OF THE HOME AND IF YOU DID, COULD YOU

TELL US WHAT THEY WERE. >> YES.

>> 823 SOUTH 10TH STREETS ONE OF THEM.

THAT IS WHERE THE WOMEN -- 10TH STREET?

>> 13TH. >> 13TH STREET.

I DON'T HAVE IT IN FRONT OF ME. 823 SOUTH 13TH STREET.

THAT PROPERTY HOUSES WOMEN. I DID HAVE A CONVERSATION WITH ONE OF THE RESIDENTS. AND I ASKED HER HOW MANY PEOPLE LIVED THERED A ANY GIVEN TIME. SHE SAID ANYWHERE FROM FIVE TO .

SHE DIDN'T KNOW FOR SURE. I DO NOT KNOW WHO SHE WAS OTHER THAN TEN. IT WAS NONE OF MY BUSINESS.

>> DID YOU TALK WITH MR. GREEN ABOUT THOSE FACTS?

>> I DID. IF I COULD TALK ABOUT THE OTHER ONE REAL QUICK. THEN I WILL COME BACK.

826 VERNON STREET. I DID NOT TALK TO ANYBODY THERE.

AT THIS TIME. THERE WERE I THINK ABOUT THREE, THREE GENTLEMEN THAT WERE OUT IN FRONT.

BUT THEY DIDN'T WANT TO TALK TO ME.

THAT WAS FINE. WHEN I GOT TO 1014.

SOUTH TENTH STREET THAT'S WHEN I ENCOUNTERED MR. GREEN.

HE ALLOWED US TO TOUR. AFTERWARDS I ASKED HIM ABOUT TWO HOUSES. AND THAT'S WHEN HE TOLD ME I ASKED HIM WHAT WAS GOING ON. AND THAT'S WHEN HE TOLD ME THAT IF THEY WERE NOT LIKE THIS ONE NOW.

THEY WOULD BE. THAT WAS THE GOAL.

I ASKED HIM IF THERE WAS ANY LEASE AGREEMENT OR ANY KIND OF DOCUMENTATION OR ANYTHING. AND HE WAS NICE ENOUGH TO GET SOMEBODY TO BRING US THAT DOCUMENTATION WHICH IS INCLUDED IN HERE AS BACK UP AND TO WHAT THEY ARE DOING AND THEY HAD CHANGED THEIR NAME TO GRACE AND GRATITUDE SOBER LIVING INC.

>> THAT'S WHAT'S ON THE LEASE DOCUMENT IN THE PACKET?

>> I BELIEVE SO. THIS IS NOT TRULY A LEASE DOCUMENT. IT'S MORE OF A ORGANIZATIONAL -- HAS THE MISSION AND THE GOVERNANCE, THE AMENDMENTS. I THINK THIS MORE OF

INCORPORATION. >> YOU SPOKE WITH AND THAT'S WHY I WAS TRYING TO GET. I WANTED TO MAKE SURE.

YOU TOURED AND YOU INSPECTED YOURSELF 2014 AND 823 SOUTH 13 LITTLE. YOU SPOKE TO RESIDENT THERE.

THAT PERSON IS NOT HERE. YOU DON'T KNOW THEIR NAME.

BUT WHAT THEY SAIDS THAT LIVED THERE AND THERE WERE FIVE OR SIX

PEOPLE LIVING THERE. >> AT ANY GIVEN TIME.

>> AND THEN FOR 816 VERNON STREET, YOU DID NOT TALK WITH ANYBODY. BUT YOU SPOKE WITH MR. GREEN SPECIFICALLY ABOUT THAT PROPERTY.

>> YES. >> DO YOU KNOW.

DID HE SAY HOW MANY PEOPLE WERE LIVING THERE.

>> HE DIDN'T GIVE ME SPECIFICS. HE TOLD YOU WHAT HIS INTENTIONS.

THERE WAS SOME ISSUES AT 816 ONE OF THE REASONS WHY WE'RE HERE.

AND I WON'T GO INTO THAT UNLESS I HAVE TO.

HE EXPLAINED TO ME WHY AND WHAT HAPPENED AND SHOULDN'T HAVE HAPPENED AND HE KEEPS A TIGHT SHIP.

AND IT WOULD NOT HAPPEN AGAIN. THERE'S A LITTLE BIT OF A MISHAP

THAT WENT ON THERE. >> NOT RELEVANT TO THESE

PROCEEDINGS. >> NO.

I JUST WANTED THAT WE HAD THAT CONVERSATION.

ABOUT THAT LOCATION. >> OKAY.

BUT YOU DID NOT SEE OR TALK TO AND DIDN'T GET ANYTHING FROM MR. GREEN ABOUT 816 VERNON STREET ABOUT WHO WASLYING THERE

THEN? >> NO.

[00:45:03]

>> I HAD GONE BACK TO POST A COUPLE OF TIME.

THERE WERE A COUPLE OF GENTLEMEN THERE.

DIFFERENT THAN WHO WAS THERE BEFORE.

AND THEY TALKED TO ME A LITTLE BIT.

BUT AGAIN I KNOW THEY WANT THEIR PRIVACY.

I WAS CAREFUL NOT TO INTRUDE ON THE PRIVACY.

>> THOSE ARE ALL THE QUESTIONS I HAVE.

>> IS THERE SOMEONE HERE WHO REPRESENTS THE HOMEOWNERS?

>> DO YOU HAVE ANY QUESTIONS OF MISS FORSTER.

>> MY SISTER AND I OWN THE HOUSE.

>> YOU'LL HAVE TIME TO TELL US YOUR STORY.

AND WE'LL GIVE YOU AS MUCH TIME AS YOU NEED.

THERE'S TIME WHEN YOU CAN TESTIFY AND GIVE US YOUR STORY.

IT'S JUST A QUESTION OF WHETHER YOU HAVE ANY SPECIFIC QUESTIONS FOR MISS FORSTER. [INAUDIBLE]

. >> I HAVE A QUESTION.

YOU HAVE TO COME UP TO THE MICROPHONE.

DR. JEFFREY BLIGHT. >> MY QUESTION IS HOW DID WITH THE CODE ENFORCEMENT INFRACTION. HOW DID SHE COME TO THE SANCTION WITH A DIFFERENT HOUSES BEING ONE EITHER GROUP HOME.

IN CONTRAST TO GROUP RESIDENTIAL.

HOW DID SHE COME TO THAT CONCLUSION?

I'M JUST CURIOUS. >> THEY ARE BOTH LISTED AT EACH ONE OF THE LOCATIONS. BECAUSE THREE THE DIFFERENT MEETING AND DISCUSSION, I WENT BACK AND FORTH.

IT WENT WHICH BACK WHEN WE STARTED THE MEETING.

IT WAS SAID THERE WAS NO SUPERVISION.

AS THIS CONTINUED ON ESPECIALLY THIS YEAR.

I WAS TOLD SEVERAL TIMES THAT THERE SOMEBODY ON SITE FOR 24 OF

OF HOUR SUPERVISE. >> BY WHOM?

>> BY WHOM? >> BY MR. GREENE.

BY DR. BLITHE. BY THE GENTLEMAN AT 816 VERNON.

HE TOLD ME HE WAS THE ONE THAT WAS -- WHEN I WENT TO POST THAT HE WAS THE ONE THAT WAS THE SUPERVISOR AT THAT TIME LOCATION. IN TERMS OF LOCATION OF THESE THREE HOMES, SUPERVISE IS PIECE BUT THEY HAVE TO LICENSED BY THE HOME. NONE OF THEM ARE.

>> IF I MAY. AT 1014 SOUTH 10TH STREET.

WHAT I CALL THE ASSEMBLY SET UP IN THE MAIN ROOM.

THAT'S WHERE THE AA AND THE NA MEETINGS TAKE PLACE.

BY THE OWN ADMISSION AND THE NOOSE IN A PROCLAMATION BY THE COUNTRY THAT'S ALL EVIDENCE IN THIS PACKET THAT'S MANDATORY FOR EACH HOUSE. WHICH HE MENTIONED IN ALL OF THOSE THINGS THAT I MENTIONED. THAT'S A MANDATORY PART OF THE I DON'T KNOW IF YOU CALL IT TREATMENT.

BUT OF THEM LIVING THERE. >> ANY FURTHER QUESTIONS.

>> I DON'T. >> YES, MA'AM.

>> I DO. >> YOUR RECOMMENDATION WAS TO ASSESS FEES BUT I DON'T SEE ANY OF THAT DOCUMENTATION IN OUR

PACKET. >> ANY OF WHAT DOCUMENTATION? ADMINISTRATIVE FINES AND FEES. IT'S ON -- BECAUSE I DIDN'T KNOW WHAT THEY WOULD BE AT THIS POINT.

I DO HAVE WHAT WE HAVE TO DATE. THE CASES HAVE BEEN BEFORE YOU.

THIS IS NOW NEW OWNER FOR MONTH OR SO; CORRECT?

>> YES. >> CODE ENFORCEMENT CASES FOLLOW THE PROPERTY. IT IS UP TO THE OWNERS THE PRIOR OWNERS TO HAVE FULL DISCLOSURE TO THE NEW OWNERS THAT THERE'S

AN OPEN CODE CASE. >> THE QUESTION IS, WHAT ARE THE

[00:50:01]

FEES? >> THANK YOU.

LET'S FINISH THIS. IF YOU NEED TO RECALL HER I WILL

LET YOU CALL HER BACK UP. >>

>> GO AHEAD. WHAT'S THE QUESTION.

IF >> HOLD ON.

IF IT'S A GRAY AREA AND ONE HAS TO BE LICENSED AND ONE DOESN'T, GROUP HOME AND GROUP RESIDENTIAL.

HOW DID SHE COME TO THAT CONCLUSION?

>> >> AT 1014.

IT APPEARS TO GROUP HOME. THAT'S WHERE THE MEETING ARE HELD. THERE'S 24-HOUR SUPERVISION.

I'VE BEEN TOLD THIS. THERE'S 15 BEDS THERE.

THE SIGN IS THERE. THIS SEEMS TO BE THE HOME BASE.

TO ME THAT WOULD BE THE GROUP HOME.

THE OTHERS COULD HAVE GONE EITHER WAY.

IF WE SAY IT'S GROUP RESIDENTIAL.

THEY ARE NOT ALLOWED IN THE ZONE PERIOD.

IF WE SAY IT'S GROUP HOME THEY ARE ALLOWED BUT HAVE TO WILL LICENSED. NEITHER ONE IS COMPLIANT RIGHT NOW. I DID BOTH BECAUSE DEPENDING ON WHAT THEY ARE ABOUT TO PRESENT THEY MAY PRESENT SOMETHING THAT SEEMS TO BE MORE GROUP RESIDENTIAL.

ALL I CAN DO PRESENT WHAT I KNOW SO TO MAKE SURE THAT EACH ONE OF THEM IS ADDRESSED IF NEED BE. THEY ARE BOTH ON THERE.

>> THAT WOULD BE BOARD DETERMINATION, CAN YOU ANSWER THE QUESTION ABILITY ADMINISTRATIVE FEES.

>> YES, I IS CAN. EACH ONE WILL BE DIFFERENT.

BECAUSE DIFFERENT TIME SPENT ON THE DIFFERENT CASES.

1014 SOUTH TENTH STREET. ADMINISTRATIVE FEES TO DATE ARE 661.95. FOR 823 SOUTH 13TH STREET.

$IT'S 528.36 TO DATE. 816 VERNON.

$510.39 TO DATE. YOU HAD ANOTHER WNTSZ.

>> EYE GOT A QUESTION, YES, SIR. >> WHAT WOULD THE MAXIMUM OCCUPANCY IN O 1014 SOUTH TENTH STREET.

THERE WERE 15 BEDS. I COUNTED 15 BEDS.

THAT'S MY FOCAL POINT WAS COUNTING THE BEDS.

>> DID WE KNOW 823 SOUTH 13TH. I HAVEN'T BEEN INSIDE.

>> YOU DIDN'T KNOW ON VERNON STREET.

>> I'M ONLY GOING BY 716 THE WORD OF MR. GREEN AND THE TENANT

THAT I TALKED TO. >> ARE ALL THREE OF THE

PROPERTIES IN R-2. >> YES.

>> I DIDN'T SEE 506 IN ANY OF THIS.

IT WAS REMOVED FROM THE AGENDA. THAT PROPERTY CAME INTO

COMPLIANCE. >> THAT'S ALL.

TO FURTHER QUESTION. I WILL LET YOU RECALL HER WHEN

WE COME BACK HERE. >> WOULD YOU EXPLAIN TO MR. GREEN. I KNOW HE'S ANXIOUS TO TELL HIS SIDE. REMIND HIM HOW THE HEARING

WORKS. >>

>> MAY I SIT DOWN. >> CITY WILL PRESENT ITS CASE.

WHEN A WITNESS COMES WOULD ALLOW PEOPLE TO CROSS-EXAMINE THE WITNESS AND BOARD MEMBERS WHO HAVE QUESTIONS CAN ASK AS WE DID. AND THEN WHEN THE CITY ISFINISH.

YOUR SEPTEMBERTIVE CAN CALL WHOEVER.

WITNESSES IF THEY WANT TO RECALL SOMEONE WHO TESTIFIED BEFORE

THAT WILL BE OKAY ALSO. >> I WOULD LIKE THE CITY TO COMPETE THE CASE. WE BE HERE AS LONG AS IS NECESSARY. I PROMISE.

[00:55:07]

CAN GO THROUGH ALL OF THAT. >> AS LONG AS IT TAKES.

>> I THOUGHT ABOUT CALLING OFFICER WELLS, BUT I THINK THAT WE PROBABLY HEARD ENOUGH. AND THAT WOULD REALLY JUST BE THE SAME DAY, THE SAME VISIT AND INSPECTION.

IF BOARD WOULD LIKE TO HEAR FROM HIM.

PLEASE HE'LL STAY HERE FOR THE EVENING WITH US.

BUT I DON'T HAVE AN INTENTION TO SPEAK.

>> ANYBODY ON THE BOARD OR ZOOM NEED TO HEAR ANOTHER WITNESS

FROM THE CITY? >> I SEE SHAKING HEADS.

>> I DO HAVE ONE OTHER ISSUE THAT I WOULD LIKE TO BRING UP.

AND BEAR WITH ME WHILE I BRING UP.

YOU WILL HEAR ABOUT THIS NEXT IN THE DEFENSE CASE.

AND WE HEARD ABOUT IT DISCUSSED IF YOU READ THE NEWSPAPER ARTICLES THAT HAVE BEEN PRINTED IN THAT'S THE TERM RECOVERY RESIDENT AND THE STATE WIDE. I TOLD YOU ABOUT THE FEDERAL LAW. I DON'T BELIEVE THERE'S ANYTHING THAT THE CITY IS DOING WITH ITS CODE IT'S ZONING CODE OR ENFORCE EMENT CODES THAT VIOLATE. I READ THE CASES AND PACKETS OF INFORMATION TO THE CITY COMMISSIONER AND TO MY OFFICE.

I READ THOSE AND I THINK THAT WHAT WE'VE DONE IN THIS CITY IS A VERY GOOD JOB OF STAYING AWAY FROM THE TYPE OF DISABILITY THAT FOCUS HAVE AND REASONS THAT THE UNRELATED INDIVIDUALS ARE LIVING TOGETHER. IT'S NOT AN ISSUE.

AS I SAID, FRANKLY NOT THE CITY'S BUSINESS.

>> WHO PROVIDE FOR GROUP RESIDENTIAL AND HOMES SEVERAL DIFFERENT ZONING DISTRICTS. WHERE UNRELATED INDIVIDUALS MAY LIVE TOGETHER. FIVE OR MORE, REMEMBER, ANYWHERE IN THE CITY. ANY RESIDENTIAL DISTRICT.

FOUR CAN UP TO FOUR UNRELATED INDIVIDUALS CAN LIVE TOGETHER.

>> I'M GOING TO SHOW YOU THE STATE STATUTE ON RECOVERY RESIDENT. I WILL YOU WHY IT DOESN'T APPLY AT ALL TO THE CITY ZONING CODE. THE LEGAL ISSUE OF PREEMPTION.

AND IF YOU DON'T KNOW WHAT PREEMPTION IS.

WHAT IT MEANS. FLORIDA FOR OUR CITY HOME RULE CITY AS OUR ALL CITIES THAT ARE INCORPORATED IN THE SAVE FLORIDA. WHAT THAT MEANS IS THAT IF A STATE LAW EXPRESSLY PREEMPTS A LOCAL LAW.

THEN THE LOCAL JURISDICTION THE CITY CANNOT LEGISLATE ON THAT ISSUE. I WILL GIVE YOU EASY EXAM.

I WAS HAVING A CONVERSATION WITH THE MAYOR ABOUT THIS THE OTHER DAY. SMOKING ON THE BEACH.

WE'VE BEEN ASKED SO MANY TIMES WHY AREN'T WE STOPPING PEOPLE FROM SMOKING CIGARETTES ON THE BEACH.

BECAUSE THE STATE OF FLORIDA EXPRESSLY PREEMPTS THE CITY FROM LEGISLATING ON THAT ISSUE. ANOTHER ONE WOULD BE SPEEDING TICKET. WHY CAN'T THE CITY DECIDE THAT TICKETS WON'T BE 270. THEY'VE GOTTEN OUT OF HAND.

WE WILL GIVE SPEEDING TICKETS THAT ARE $35.

BECAUSE WE'RE PREEMPTED BY THE STATUTE.

LOCAL JURISDICTIONS CANNOT LEGISLATE ON THIS ISSUE.

TO RECOVERY RESIDENT UNDER CHAPTER 397.

WE WILL NEED READ IT TOGETHER. I WILL SHOW YOU IT'S AN ENTIRE.

THE STATE OF FLORIDA FELT NECESSARY.

IT TALKED ABOUT HOW IMPORTANT IT IS IN OUR STATE TO UNDERSTAND PROVIDE FOR SUBSTANCE ABUSE SERVICES.

THEY ARE DEFINED UNDER THE STATUTES, YOU WILL HEAR ABOUT THIS. I THINK FROM DR. BLITHE OR MR. GREENE. THERE WE GO.

RECOVERY RESIDENCE. RESIDENTIAL DWELLING COMMUNITY COMMUNITY HOUSING COMPONENT OR DAY OR NIGHT TREATMENT FACILITY WITH COMMUNITY HOUSING OR OTHER FORM OF GROUP HOUSING WHICH IS OFFERED ORTIZED THROUGH ANY MEANS INCLUDING ORAL WRITTEN

[01:00:01]

I SEE THAT THE STATE COVERS THIS THEY FELT IT WAS IMPORTANT ENOUGH TO DO THAT IN HERE. THERE'S AN EXEMPTION.

THAT YOU CAN GET IF YOU ARE CHARITABLE RELIGIOUS ORGANIZATION. WITH ONE EXCEPTION.

>> THAT'S AN EXCEPTION OF THE LICENSE.

>> THAT'S EXCEPTION. MY READING IF YOU ULTIMATELY

PROVIDE A CONTINUUM OF CARE. >> YES.

>> THEN YOU STILL HAVE TO BE LICENSED WHETHER CHARITABLE ORGANIZATION OR NOT. I THINK IT IS -- WHAT IT IS 405.

-8. >> YOU HAVE LOOKED AT SOME OF

THE STATUTES. >> LET ME MAKE THAT CLEAR IN CASE WE DIDN'T. THERE'S MINISTERIAL EXCEPTION IF WE WANT TO CALL IT THAT. IF THE FACILITY PROVIDES A CONTINUUM OF CARE WHATEVER THAT MEANS AND WE WILL GET INTO THAT.

EVEN IF CHARITABLE OR WITH THIS ORGANIZATION THAT FACILITY HAS

TO BE LICENSED. >> BUT I WOULD SUBMIT TO THIS BOARD THAT THE CITY HAS NOT EVEN NEVER LOOKED AT THIS STATUTE WHEN WE STARTED TO FIND AND INVESTIGATION THE VIOLATIONS HERE. THE REASON WE DIDN'T HAVE TO GO THAT FAR. WE HAD TO GO AS FAR AS ZONING CODE AND I SUBMIT TO THE BOARD TONIGHT AND I WILL CONCLUDE WITH THIS. FOR THIS PART OF THE CASE, THAT YOU DON'T HAVE TO GET INTO THIS SAME STATUTE.

WE KNOW SUBSTANCE ABUSE DISORDER A PROBLEM IN OUR SOCIETY AND OUR STATE. WE KNOW THAT THE STATE RECOGNIZES IT. WE KNOW THE STATE REGULATES SOME OF THE SERVICES. BUT WE DON'T EVEN HAVE TO GO THAT FAR. OUR ZONING CODE HAS BEEN VIOLATED AND THAT'S ALL WE'RE ASKING THE BOARD TO CONSIDER TONIGHT. IF WE'RE TALKING ABOUT ANY OF ORZONING ORDINANCES BEING VIOLATION OF THE ADA OR THE FAIR HOUSING ACT. THAT'S NOT WITHIN THE JURISDICTION OF PERVIEW OF THIS BOARD.

THAT IS FOR OUR COURT OF LAW TO DECIDE.

NOT THE CODE ENFORCEMENT BOARD. I WILL CONCLUDE WITH THAT.

THANK YOU SO MUCH. >> ARE THERE ANY BOARD MEMBERS ON ZOOM OR TABLE THAT HAVE QUESTIONS AT THIS MOMENT?

>> MY UNDERSTANDING IF THERE WERE FOUR OR FEWER RESIDENT AT ANY FACILITY THERE WOULD NOT BE COMPLIANCE ISSUE.

>> CORRECT. >> WITH REGARD TO WHAT MICHELLE SAID ABOUT OUT FOUR MEETING WE DID DO THAT.

AND MYSELF TAMMY, MICHELLE AND MR. GREEN.

AFTER WE GOT THE CODE VIOLATIONS.

AND BY DEFINITION OF THE STATUTES, RIGHT, AGROUP HOME IN GROUP RESIDENTIAL AS DEFINED BY THE STATE AND BY DCF ARE INDIVIDUALS WITH DISABILITIES. SO INDIVIDUALS WITH NEUROCOGNITIVE DISORDERS. DEVELOPMENTAL DELAYS.

OR CHILDREN. THAT'S THE DISTINCT THAT THEY MAKE THAT YOUR STATE MAKES IN THE STATUTE MAKES WITH GROUP HOMES IN GROUP RESIDENTIAL BY POPULATION.

IT'S DIFFERENT THAN RECOVERY RESIDENTS.

THAT DISTINCT FROM THAT. TAMMY IS CORRECT WITH REGARDS TO

[01:05:03]

LIKE YOU MENTION WITH THE CONTINUUM OF CARE IT'S VOLUNTARILY. IT'S NOT REQUIRED.

IN CONSULTATION WITH DCF, WHAT WE ARE DOING WOULDN'T BE APPROPRIATE. IT'S ACTUALLY UNDER THE FLORIDA ASSOCIATION OF RECOVERY RESIDENTS WHICH --

>> IT'S A PRIVATE ORGANIZATION; ISN'T IT?

>> IT WAS ITS IDENTIFIED BY THE STATE.

WHICH IS OVERSEEN BY THE NATIONAL ORGANIZATION.

PRIMARY CON TENSION THAT'S NOT OUR POPULATION.

I DOESN'T FIT WITH WHAT'S BEEN DEFINED AS GROUP HOME AND GROUP RESIDENTIAL FACILITY IN THE -- THAT'S WHO I ASKED THE QUESTION. HOW DID YOU HOW DID YOU COME TO THAT ASSESSMENT AND INFRACTION IF YOU COULDN'T HAVE GONE INSIDE

AND SAW THE POPULATION. >> STHATS ME QUESTION THAT WASN'T ANSWERED OTHER THAN IT'S A GRAY AREA.

JUST TOOK A GUESS. >> WE MET.

MICHELLE, TAMMY AND MR. GREEN AND THEIR OFFICE.

AND I'M NOT SURE. WE MET AND WE ALL AGREED AND I THE CODE IN PLACE WASN'T APPROPRIATE FOR WHAT WERE DOING.

TAMMY AGREED. MICHELLE AGREED.

MR. GREEN AGREED. ALL IN THAT ROOM.

AND SHE HAD STAMMY WHAT WE NEED TO DO IS A CODE AMENDMENT.

WE WERE ALL IN AGREEMENT. WE WANTED TO WORK WITH THE CITY.

RIGHT. AND HOW CAN WE DEAL WITH THIS.

IT DIDN'T FIT THE DEFINITION. AND I FELT IT WAS TRYING TO PUT A SQUARE PEG IN ROUND WHOLE BY DEFINITION OF THE STATE

STATUTES. >> CONSIDERING THE POPULATION HOW IT'S DEFINED AND ESPECIALLY WANTING TO US BE LICENSED LIKE DCF BY THE STATE SAID WE DON'T HAVE TO BE.

I'M NOT SURE WHY THE CITY WOULD TRUMP THAT.

WHEN THE STATE DOESN'T REQUIRE IT.

WE MET AND AGREED ON THAT AMENDMENT.

AND PURSUING THEN. THEN IT GOT SHUTDOWN WHEN I WENT DOWN DEAL WITH THE LAND DEVELOPMENT.

I'M NOT SURE WHAT HAPPENED THERE.

BUT WE WERE MOVING FORWARD IN THAT DIRECTION.

AND THEN WE GOT THE NOTICES AGAIN AND SO JUST TAMMY WE SEE IT DIFFERENTLY CONCERNING THE GROUP HOME.

I KNOW SHE SAID IT THE CITY ISN'T REALLY CONCERNED ABOUT WHO IS IN THE HOMES. OR WHAT'S GOING ON IN THE HOMES.

MY QUESTION THEN WHY DOES IT NEED TO BE LICENSED?

>> THE TASK OF THE CODE ENFORCEMENT BOARD IS TO RULE UPON VIOLATIONS CITY ORDINANCES AND THE LAND DEVELOPMENT CODE.

>> RIGHT. >> AND WE'RE CIRCUMSCRIBED BY THAT. WE CAN'T AMEND THE LAND DEVELOPMENT CODE. THERE'S SOME DISCUSSION IN THE PACKET OF INFORMATION THAT'S NOW PARLIAMENT OF THE RECORD MEMORANDUM THAT IS PART OF THE RECORD.

WHERE SHE DOES RECOMMEND MODIFYING THE LAND CODE.

THESE TYPES OF FACILITIES CAN BE ACCOMMODATED WITHIN THE CITY.

YEAH RIGHT. THAT'S WHAT I WAS -- THAT'S WHAT YOU HAD YOU HAD THE DISCUSSION WITH HER.

AS OF THE MOMENT. IN THAT AREA.

BASED ON THE TESTIMONY OF BY SCHELL AND THE CITY.

THOSE FACILITIES ARE IN VIOLATION OF THE CODE.

>> UH-HUH. >> IS THAT FAIR?

>> NO. >> THE CODE IS RESTRICTED.

[01:10:07]

>> SURE. >> GOOD THING OR BAD THING.

THAT'S THE CODE THAT WE HAVE TO ADHERE TO.

IF WE HAD OUR BROTHER. IT WOULD BE DIFFERENT.

>> YES. >> APPARENTLY EVEN ON THE RECORD THEY DON'T DISAGREE WITH THE FACT.

IT WOULD BE SOME MODIFICATION OF THE LAND DEVELOPMENT CODE.

THAT'S FOR PEOPLE OTHER THAN US TO DEAL WITH.

MY QUESTION IS WHY DO YOUR REQUIRED DCF LICENSING THEN IF YOU'RE NOT CONCERNED ABOUT WHAT'S GOING ON IN THE HOME.

? IF THERE'S NO DISCRIMINATION THERE, THEN DOES THE AVERAGE PERSON NEED DCF LICENSING?

>> THAT'S MY QUESTION. WE SEE AT ODDS.

THE STATE SAID GROUP HOME AND GROUP RESIDENTIAL IS RELATED TO THE POPULATION THAT'S IN THERE. THAT'S VERY CLEAR.

AND IT ALSO SAYS LIKE MENTIONED BY TAMMY, IT TALKS ABOUT THE REKOV RESIDENCES AND BEING UNIQUE GROUP AND FINDS A PERSON LONG LANDING SOBRIETY TO BUILD A STRONGER FOUNDATION BY LIVING IN RECOVERY RESIDENT WHILE SEEING TREATMENT AFTER COMPLETING TREATMENT THAT THE LEGISLATION FURTHER FINDS THAT THIS STATE IN SUBDIVISIONS HAVE LEGITIMATE STATE INTEREST IN PROTECTING THE PERSONS WHO REPRESENT A VULNERABLE CONSUMER POPULATION IN NEED OF ADEQUATE HOUSING. IT'S THE INTENT OF LEGISLATION TO PROTECT PERSONS WHO RESIDE IN RECOVERY RESIDENCES.

THAT'S WHAT WE'RE TRYING TO DOED.

WE DISAGREE WITH. I DISAGREE WITH THE DEFINITIONS AND ESPECIALLY WHEN YOU'RE STATING THAT YOUR NOT CONCERNED ABOUT THE POPULATION BUT THAT PARTICULAR POPULATION HAS TO BE

LICENSED. >> I TAKE AS ARGUMENT.

YOU HAVE ANY WITNESSES THAT YOU WOULD LIKE?

>> I WILL CALL MR. GREEN FIRST. THAT'S A GOOD START.

>> MR. DPROOEN CAN YOU STATE YOUR NAME FOR THE RECORD.

HENRY GREEN. >> LET ME START WITH THIS.

I WILL QUOTE WITH MY FRIENDS FROM THE NEWS LEADER, THERE'S NO DISPUTE. THAT YOU PROVIDE A VALUABLE AND PROBABLY LIFESAVING SERVICE. IN THIS COMMUNITY.

AND NOBODY DISPUTES THAT. I DOUBT THAT ANYONE SPEAKING FOR THE REST OF THE BOARD. I DON'T THINK WE DO THAT.

YOU ARE PROVIDING VERY VALUABLE SERVICE.

GRACE AND GRATITUDE DIDN'T START WITH THE CITY IN 2019.

>> WE STARTED IN 2014 WITH A. I THEY SAID THERE'S NO -- DIDN'T HAVE NO GUIDELINES FOR OPENING THE HALFWAY HOUSE.

ALL RECOVERY RESIDENTS. THEY TOLD ME LOOK INTO IT.

I WENT TO DCF ON MY OWN. AND DCF SAID WE DON'T RECOGNIZE.

WE DON'T REGULATE THIS. YOU NEED TO GO BACK TO CITY.

I CAME BACK TO HER. SHE TOLD ME SAID WELL I CAN'T FIND IT. I WENT TO STATE AND GOT THE STATE RECOMMENDATION. BROUGHT IT BACK TO HER.

AND WHAT WAS THE GIRL'S NAME? >> WE WILL GO THROUGH THIS.

AS NUMBER OF PEOPLE -- I HAVE 14.

THEY EVERYTHING WAS CORRECT. I DIDN'T NEED TO GET A BUSINESS LISTEN. ALL I HAD TO GET INCORPORATED.

TO PROTECT MYSELF AGAINST A LAWSUIT.

I OPERATED FIVE YEARS ALL OF A SUDDEN IT BECOME A PROBLEM.

THAT'S THE THINGS WE'RE DEALING WITH TODAY.

IF YOU OPERATE FIVE YEARS, THAT MEANS THAT IT'S BEEN ACCEPTED.

ANY KIND OF DIFFERENCE WHATSOEVER.

I SHOULD BE GRANDFATHERED IN OVER FIVE YEARS.

>> IN FIVE YEARS I HAVEN'T HAD A COMPLAINT.

NO NEIGHBORS. YOU KNOW.

THAT MEAN THE NEIGHBORHOOD ACCEPTED WHAT I WAS DOING.

AND THOSE CHAIRS THAT SHE'S TALKING ABOUT WHAT IS NOT PART

[01:15:04]

YOU CAN PUT UP THAT MEETING. IDENTICALED FERNANDINA BEECH AND ALCOHOLIC ANONYMOUS. THAT'S A SEPARATE ENTITY.

IT HAS NOTHING TO DO WITH THE HOUSE.

PEOPLE COME FROM THE OUTSIDE TO PEOPLE THAT LIVE THERE.

THAT'S WHAT IT IS. THOSE CHAIRS ARE NOT FOR THE PEOPLE THERE THAT LIVE IN THE HOUSE.

>> I'VE OPERATED UNDER THE GUIDELINES.

EVERYTHING THEY ASKED ME TO DO. >> WHO IS THEY?

>> MICHELLE. AND ANGIE WHEN I FIRST OPENED UP. WE'VE DONE THIS FOR FIVE YEARS.

WHEN I OPENED WOMEN'S HOUSE. THEN IT BECOME PROBLEM.

WE NEED TO GET YOU PROPERLY LICENSED AND ALL THAT.

THEY SAID IRNEEDED TO GET A BUSINESS LISTEN.

WE LOOKED UP AND WHAT WE FEEDED TO DO FOR RECOVERY AND THE LICENSE WE NEED IS RECOVERY ADMINISTRATIVE LICENSE.

IF I'M NOT LICENSED I CAN'T GIVE PEOPLE FROM TREATMENT CENTERS OR ANY OTHER STATE FACILITY TO GET FUNDS OR WHATEVER FOR THE STATE.

I WOULD HAVE TO BE LICENSED TO DO THAT.

WHAT WE'VE DONE WE WANT TO APPLY FOR THE LICENSE AFTER 2019 TO GET RECOVERY RESIDENT LICENSE. IT'S A PROCESS.

WE GOT THAT. AFTER YOU GET THAT, THEN YOU COME ALONG WITH THE STATE YOU MAKE SURE THE HOUSE PASSES INSPECTION FOR THAT HOUSE. YOU DON'T HAVE ONE BATHROOM THERE. WE HAVE TWO BATHROOMS. AND THE SHOWER. WITH THAT.

HOUSE THE RECOVERY RESIDENT GUIDELINES SAID I CAN HAVE 13 PEOPLE IN THE HOUSE. THE ONE OVER AT 13TH STREET SAID I CAN HAVE EIGHT. ONE BATHROOM AND A SHOWER.

ONE ON VERNON STREET I JUST OPENED, IT GOT TWO BATHROOMS. TWO SHOWERS. THERE'S SIX PEOPLE IN THERE NOW.

AND ONE OVER NINTH STREET THAT I HAVE, IS THAT WE GOT FIVE PEOPLE IN THERE. THAT'S OFF THE RECORD.

>> WE HAVEN'T HAD NO FIRE STATION OR ANYTHING THAT COMES AND PLAYING IN THAT FIELD. BUT IT'S TAKEN OFF THE RECORD.

I DON'T KNOW WHY. >> HELP ME WITH THIS.

YOU STARTED AND YOU SAID YOU HAD TO GET INCORPORATED TO PROTECT

YOURSELF FROM LIABILITY. >> RIGHT.

>> IS THAT THE 501-C-3. THAT'S IT.

WE GOT 501-C-P. >> THAT'S A CORPORATION.

>> WHO ARE -- IS IT 501-C-3 THAT HAS SIGNS THE LEASE WITH THE

OWNERS? >> NO.

>> WHO SIGNS THE LEASE WITH THE OWNER?

>> AS THE MANAGER OF THE WE GOT A BOARD PUT TOGETHER TO AGREEMENT THAT THEY WILL SIGN. YOU'RE INDIVIDUALLY ON THE

LEASE? >> RIGHT.

>> OKAY. AND DO YOU CARRY HOW DO YOU

PROTECT YOURSELF FROM LIABILITY? >> THAT'S WHY WE GOT -- I HAD TO GET INCORPORATED. I GOT INCORPORATED.

IT'S TWO DIFFERENT THINGS. WE GOT INCORPORATION.

AND 501-C-3. YOU ARE INCORPORATED BUT YOUR

INDIVIDUAL NAME ON THE LEASE. >> GRACE AND GRATITUDE ON THE CORPORATION. AND ON THE 501-C-3.

WHO SIGNS THE LEASE WITH OWNER. I TELL YOU WHY I'M ASKING.

THE NEW OWNER OF THE BUILDING. SHE AT LEAST APPEARED TO RAISE SOME QUESTIONS ABOUT THAT. AND AS LANDLORD'S RESPONSIBLE TO ADHERE TO ALL CODES AND ANY TENANT WHO SIGNS THE LEASE IS REQUIRED TO DO THAT. AND IF THERE'S ACCIDENT AND OTHER THINGS ON THE PROPERTY, IT'S THE ENTENANT WHO MAY BE RESPONSIBLE. YOU ARE TELLING ME YOU ARE THE

INDIVIDUAL TENANT? >> THE HOMEOWNER IS MY

[01:20:02]

SISTER-IN-LAW. >> FOR INSTANCE RIGHT NOW.

WHAT THE BOARD WILL DO. IF THERE'S FINE AND FEES ASSESSED FOR THE VIOLATION, RIGHT? ASSUMING THAT'S TRUE. JUST FOR THE PURPOSES, STAY WITH ME. THOSE FINES AND FEES WOULD BE ASSESSED AGAINST THE LANDLORD. J RIGHT.

OWNER OF THOSE PROPERTIES. RIGHT.

>> I WAS JUST QUESTIONING WHETHER THERE'S INDEMNIFICATION AGREEMENT. YOU HAVE AN ADDRESS POPULATION.

IS THAT FAIR TO SAY? >> IN MAY BE A LITTLE BIT OFF.

WE WILL HAVE PEOPLE WHO WILL YELL AT ME IN A MINUTE.

NO MATTER HOW THIS TURNS OUT IF I'M RUNNING THIS GROUP HOME.

IT WOULD SEEM TO ME THAT THE CORPORATION PROBABLY WANTS TO BE IN THIS INDIVIDUAL AND THAT OUGHT TO BE SOME INSURANCE COVERAGE THAT INDEMNIFIES THE LANDLORDS FOR ANYTHING THAT GOES ON. BECAUSE -- WHETHER IT'S YOUR SISTER-IN-LAW OR NOT. CAN PEOPLE SUE?

>> ANY INDIVIDUAL COMING INTO THE HOUSE THEY SIGN A CONTRACT.

SAYING THAT DON'T HOLD GRACE AND GRATITUDE RESPONSIBLE.

AND THEY COME IN UPON THEIR AGREED TO LEVEL THERE.

AND DESIGN STAYED THEY AGREE TO LIVE TOLD HOLD ANYONE RESPONSIBLE. WHAT WE DO WE PROVIDE A SAFE PLACE FOR RECOVERY FOR THEM. THAT'S WHAT WE DO.

>> THAT'S ONE THING. FLORIDA FUNNY STATE.

BECAUSE YOU CAN HAVE THOSE WAIVERS.

>> NOTARY IS GOOD. BUT, YOU KNOW, THE BREATH AND SCOPE OF THOSE WAIVERS AND HOW SPECIFIC THEY ARE, PROBABLY

OUGHT TO BE LOOKED AT. >> WHAT I'VE DONE.

I GOT OTHER PEOPLE THAT HAD RECOVERY RESIDENT IN JACKSONVILLE, AND THEY MOW WHAT THEY HAVE THE CODE THEMSELVES.

THAT'S WHAT EYE DONE. SIGN WHEN THEY COME ON THE PROCHLT. GET IT NOTEVIZED.

THEY SIGN IT AND AGREEMENTS TO IT.

>> HYPOTHETICAL SITUATION OF SOMEONE FINDING THE LANDLORD THAT YOU ARE RENTING FROM; HOW IS THAT GOING TO WORK OUT?

>> I TAKE CARE. >> SO I UNDERSTAND YOU ARE USING THE STATE AT THE YOU 398, 487 THE RECOVERY RESIDENT.

YOU HAVE THE INCORPORATION AND YOU'VE LICENSE -- YOU HAVE CERTIFICATION AS RECOVERY RESIDENT.

>> YOU HAVE FOLLOWED REQUIREMENT MADE OUT HERE IN TERMS OF HAVING CERTIFIED RECOVERY RESIDENT ADMINISTRATORS AND THE -- WE'RE IN THE PROCESS OF GETTING THAT DONE.

LIKE I SAID ONCE WE GET THE LICENSE FOR THE ADMINISTRATIVE BOARD THE STATE WILL COME IN AND INSPECT THE HOUSE AND DO THE FIRE INSPECTION. HOUSE INSPECTION AND THEY WILL CERTIFY EACH HOUSE IT'S SAFE FOR THEM TO COME IN.

WE CAN DO WHAT WE'RE DOING UNTIL WE TAKE --

>> ALL THREE RESIDENTS HAVE AN APPLICATION FOR RECOVERY

RESIDENT CERTIFICATION? >> RIGHT.

>> HOW THAT WORKS. WE'RE IN THE PROCESS OF GOING THROUGH CERTIFICATIONS, THEY CALL IT.

FOR FLORIDA ASSOCIATION OF RECOVERED RESIDENCES.

THERE'S CRITERIA. THEY DO COME IN AND THEY DO GO THROUGH AND DO AUDIT. THEY DO WALK THROUGHS.

I WOULD SAY IT'S SIMILAR TO DCF OR JACO IN THE LEASE.

>> THIS IS VOLUNTARY -- THE STATE REFERRED RESPONSIBILITY.

>> ABSOLUTELY. >> WHEN THIS WENT ON, I PUT IN THE APPLICATION AND IT DOES COVER ALL THREE RESIDENCES.

WHEN I SUBMITTED IT. IT WAS UNDER GRACE AND GRATITUDE. YOU GET YOU GO THROUGH THAT PROCESS, THROUGH THE FLORIDA CREDENTIALING BOARD SO I SUBMITTED MY TRANSCRIPTS MASTER TRANSCRIPTS.

ALL THOSE KINDS OF THINGS TO LET THEM KNOW THAT I'M WHO I AM.

IT'S A WAITING PERIOD. I'VE BEEN IN CONTACT WITH EXECUTIVE DIRECTOR WHO I THINK THEY QUOTED IN THE PAPER.

STEVE I FORGET HIS LAST NAME. WE'RE WORKING CLOSELY AND

[01:25:02]

IT WOULD BE IN LINE WITH THAT. THAT'S WHAT IN MY VIEW PROMOTE.

NOT A GROUP HOME OF RESIDENTIAL. IT'S A DIFFERENT POPULATION.

THAT'S WHERE WITH MYSELF, AND WE ALL AGREE THAT I DIDN'T FIT.

IN A POPULATION WISE. THAT'S WHY WE TRY TO PURSUE AND WORK WITH THE CITY TO DO AMENDMENT TO HELPFULLY BRING THAT IN. THAT'S IT.

FAIR DISCUSSION IN TERMS OF DOING YOUR AMENDMENT.

>> BUT THERE'S NOTHING IN THE LAND DEVELOPMENT CODE RIGHT NOW THAT DISTINGUISHES BY POPULATION.

IT'S ONLY NUMBERS. IS THAT CORRECT?

>> RIGHT. THAT'S WHAT DOESN'T MAKE SENSE.

THIS KIND OF -- THIS CUT AND PASTE.

YOU'RE DEFINITION ARE CUT AND PASTED FROM WHAT THE STATE STATUTE SAYS. AND THEN IT SAYS YOU NEED TO BE LICENSED. WHEN YOU GET LICENSED, LIKE A HOSPITAL NOT REQUIRING TO GET LICENSED BECAUSE OF THEIR

PATIENCE. >> THAT'S PART OF JACO ACCREDITATION. ANY ACCREDITATION IS A POPULATION THAT'S LIVING WITHIN THE FACILITY.

WE AGREE. RIGHT, YOU AND I.

>> WE HAVEN'T MET YET. LET'S TRY THIS.

WE AGREE THAT THE CODE DOES NOT DISTINGUISH BY POPULATION OR CATEGORY. IT ONLY TALKS ABOUT NUMBERS, AND

RESIDENTIAL DISTRICTS. >> THE CITY OF FERNANDINA CODE, YOUR CODE, WHICH IS NOT IN LINE WITH THE STATE CODE, BY

DEFINITION RIGHT. >> WE CAN'T ARGUE ABOUT.

>> I'M CLARIFYING. IT'S NOT IN LINE WITH THE STATE CODE. NOR WOULD REQUIRE DCF ACCREDITATION. THERE'S NO REASON FOR IT.

YOU DON'T LOOK AT THE POPULATION.

YEAH. WHAT YOU ARE TALKING ABOUT FERNANDINA CODE. NUMBERS AND RESIDENTIAL AREAS

AND ZONING. >> THAT'S WHAT WE'RE HERE TO

ENFORCE. >> RIGHT.

>> WHETHER THAT'S GOOD OR BAD IDEA.

THAT'S THE CODE WE'RELYING. >> I THINK THE STATE LAW IS

IMPORTANT. >> WE HAVE ONE OPINION FROM MISS BACH. ONE OPINION FROM DR. BLACK.

WE'VE GOT SOMEONE THAT'S REPRESENTING THE BOARD.

COULD I ASK HIM. WOULD YOU WEIGH IN ON THIS.

AND TELL THE BOARD WHICH ONE WE SHOULD BE LISTENING TO.

>> I CAN GIVE YOU MY TERMS. HAVING REVIEWED THE CODE IT DOESN'T DISTINGUISH. IT'S A FACTOR LIKE THE CHAIR MENTIONED IT HAS NUMBERS. NUMBER OF RESIDENTS, THE ZONING DISTRICTS AND ANOTHER DISTINGUISHING FACTOR BETWEEN THE TWO IS WHETHER OR NOT THEY PROVIDE SUPERVISION OR SERVICES IN THERE. THAT'S THE DISTINCTION BETWEEN REQUIRING THE LICENSE OR IF IT'S IN THE GROUP RESIDENTIAL DOESN'T REQUIRE LICENSE. LIMITED TO OTHER DISTRICTS AND HAS TO HAVE THAT FIRE CHIEF WITH THE PGS.

THERE'S SEVERAL DIFFERENT FACTORS ON IF IT'S GOING TO BE A GROUP RESIDENTIAL. DOESN'T HAVE TO BE LICENSED.

AND IF IT'S NOT IF THEY ARE GOING TO EXCEED THAT NUMBER OF RESIDENCE OR OCCUPIES BY OUR CODE.

THAT'S THE ONLY WAY IT'S ALLOWED.

BUT THE BASIS FOR THIS WHETHER YOU CLASSIFY AS RECOVERY HOUSE OR NOT. WHAT I HEAR THE DOCTOR SAY IS THAT THE CITY DOESN'T HAVE THE RIGHT TO OVERRIDE STATE.

I HEAR MISS BALK SAY THE CITY DOES HAVE THE RIGHT.

TO OVERRIDE THE STATE. >> THAT'S WHAT MISS BACH IN HER OPENING MENTIONED ABOUT STATE PRESUMPTION.

HAVE THEY DONE THAT IN THIS CASE?

>> NOT TO MY KNOWLEDGE. THEY HAVEN'T ANYTHING STATUTE THAT SAYS THIS IS EXCLUSIVE REGISTRATION OR LIMITATION OF THIS TOPIC. THE STATE REGULATION OF FIREARMS

[01:30:01]

WE HAVE SEEN WHERE THE STATE ENACTED LEGISLATION AS RELATES TO TREE REMOVALS THAT'S BEEN A PARTICULAR INTEREST.

IN MY ANALYSIS. I HAVEN'T SEEN ANYTHING.

I WILL AGREE WITH MISS MACH THERE PARTICULAR AREA THE STATE OR THE LEGISLATURE HAS EXPRESSED IT INTO THEIR PERVIEW.

>> WE'RE IN THE STATE CONSTITUTION THERE.

IT HAS TO BE EQUAL PROTECTION. THAT'S PREEMPTIVE.

>> PEOPLE WITH DISABILITIES. >> SPEAKING ADA.

>> OUR STATION CONSTITUTION DOES AFFORD THAT EQUAL PROTECTION AND

ACCESS. >> IT'S A DISABILITY.

>> WHAT I SAY IS THAT YEAH. THE CODE DON'T LINE UP.

THE CODES DON'T FIT. ESPECIALLY WITH THE DCF

LICENSING IT DOESN'T MAKE SENSE. >> IF I MAY.

I UNDERSTAND AND I'M NOT A LAWYER.

I UNDERSTAND THE DCF LICENSING PERTAINING TO SUPERVISE ELEMENT OF THE GROUP HOME. BECAUSE THE GROUP RESIDENT WITH NO SUPERVISION DOESN'T HAVE NO LICENSING REQUIREMENT.

FERNANDINA HAS TO BE C-3. >> NO NO.

. NO.

WHAT DO YOU DEFINE AS INDIVIDUAL RESIDENT HOW DO YOU DEFINE THAT IN A GROUP HOME OR GROUP RESIDENCE THEN?

>> THAT'S MY QUESTION. >> WHICH WAS IMPORTANT MY

QUESTION EARLIER IN TERMS. >> I DON'T THINK I DON'T THINK THE CODE WILL FIT. WITH WHAT WE DO.

THAT'S WHAT TAMMY MYSELF, AGAIN AND MR. GREENE TALKED ABOUT AND I WOULD LIKE TO CALL MICHELLE TO CONFIRM THAT CONVERSATION THAT THIS WASN'T A FIT. IF I COULD CALL TAMMY.

I'M HERE. >> WITH REGARDS TO THAT ELSE MEETING THAT WE HAD THAT DISCUSSION THAT IT DIDN'T SEEM TO BE A FIT WITH THE GROUP OR GROUP RESIDENTIAL.

AND TO LOOK TOWARD DOING AMENDMENT FOR THE RECOVERY RESIDENT. YOU AGREED WITH THAT.

>> I AGREED IT DOESN'T INCLUDE RECOVERY RESIDENT.

I IS MEMORANDUM IN THE RECORD THAT YOU YOU SAID SAME EXACT THING. I REAR CHOIRS LAND DEVELOPMENT

CODE AMENDMENT. >> RIGHT.

IN ORDER TO HAVE RECOVERY RESIDENTS AND WHEN I SAY IT REQUIRES LAND DEVELOPMENT CODE AMENDMENT.

LET ME MAKE IT CLEAR IF I DIDN'T IN THAT MEETING.

THAT'S NOTHING THAT HAVE BOARD, THAT I CAN DO.

THAT MRS. GIBSON THE DIRECTOR OF THE PLANNING AND CONSERVATION DEPART KMENT DO. IT RYE CHOIRS THE PLANNING ADVISORY BOARD AND THE CITY COMMISSION TO AGREE THAT, THAT'S SOMETHING. I PROVIDED MY OPINION IN THE MEMO. THAT IT'S NOT COVERED SPECIFICALLY. AND TONIGHT WHEN I MADE THE CASE, FOR THE CITY. IT'S BASZ -- THIS BOARD CAN ONLY DECIDE WHAT'S IN FRONT OF IT TONIGHT.

>> THE BIGGER ISSUE OF HOW OUR HOW OUR CODE COULD BE CHANGED, HOW IT COULD BE BETTER. HOW WE COULD SPECIFICALLY PROVIDE FOR THE SITUATION THAT MR. GREEN IS HAS CAUSE AND IS HIS GRACE AND GRATITUDE. THIS MODEL, THE FACTS THAT WE'VE TALKED ABOUT IF THOSE NEED TO BE PROVIDED FOR UNDER THE CODE YOU WOULD HAVE TO CODE THROUGH THE PROCESS OF DOING CODE AMENDMENT.

>> WE ALL AGREED ON. SAYING YOU AGREE IT WASN'T APPROPRIATE THAT WE CONSIDER DEFINED AS GROUP HOME.

>> I DON'T REMEMBER IF I SAID THAT.

>> I REMEMBER. >> THAT'S FINE.

>> IT'S STILL A FACT THAT WHETHER I SAID IT'S APPROPRIATE

[01:35:03]

I AGREE. YOU IS EVER RIGHT RIGHT TO PURSUE THAT. BUT ANYWAY.

I DON'T WANT TO. THE BOARD IS HERE.

>> HAVE YOU PURSUED THAT? >> RIGHT AFTER THAT MEETING, I WENT AND GOT THE TEMPLATE NOTERIZED.

MEETING WHERE WE COULD WORK IVE- TOGETHER.

CITY OF FERNANDINA. AND DID THAT IN THEN WAS REFERRED TO WEB SITE FOR CODE AMENDMENT PACKET.

RIGHT. WHICH I DID.

CAME DOWN IN MET WITH JUSTIN. JASON.

>> PROBABLY JACOB. >> AND SPOKE WITH HIM.

HE WASN'T REALLY SURE OF KIND OF WHAT WAS GOING ON.

WE HAD A CONVERSATION. I THOUGHT A GOOD CONVERSATION.

HE SAID HE WAS GOING TO SPEAK WITH THE DIRECTOR OF PLANNING AND DEVELOPMENT. AND THAT WE COULD ALL HAVE MEETING. MYSELF, MICHELLE.

TAMMY. DIRECTOR HIMSELF.

AND I HADN'T HEARD FROM HIM IN A WEEK.

BECAUSE I WAS EAGER TO GET THIS DONE.

I CAME DOWN FOLLOWED UP. AND WAS TOLD THAT IT WAS SHUTDOWN. THE DECISION WAS MADE WHOEVER IS ABOVE HIM THAT DIDN'T WANT TO MOVE FORWARD WITH THE AMENDMENT.

AND THAT WAS IT. WE GOT MORE INFRACTION.

JUST ALTERED. >> FOR WHATEVER REASON ITS SHUTDOWN AND WE WANTED TO WORK WITH THE CITY.

THIS HAS BEEN GOING ON FOR FIVE YEARS WITH NO DISRUPTION.

ALL OF A SUDDEN NOW THERE'S ALL FREEZE INFRACTION.

IT'S CURIOUS. >> I'VE DONE WHAT I DONE.

HOSPITALS AND PATIENT OUTPATIENT.

28 YEARS, IN COMMUNITIES YOU KNOW, USUALLY THERE'S SOMETHING SAID. WITH THE COMMUNITY WITH THE CITY. TRYING TO WORK TOGETHER.

I JUST FIND IT INTERESTING FOR FIVE YEARS, AND BEING RECOGNIZED BY THE COMMUNITY WHY NOW. THAT'S A QUESTION.

WHY NOW. AND WHY SUCH A DRAMATIC KIND OF WITH ALL THESE INFRACTION. WHY WASN'T D THEN FIVE YEARS AGO. I DON'T UNDERSTAND THAT.

>> I HAVE PEOPLE ON ZOOM WHO HAVE MUTED THEIR BUTTON.

I WONDER IF THEY WOULD LIKE TO ASK ANY QUESTIONSES A THIS TIME?

>> WE WILL GET TO YOU. I'M HERE FOR THE DURATION.

>> MISS CROWE. >> MR. BOYD.

>> YES. >> NO QUESTIONS.

>> MISS CROWE, NO QUESTIONS. NOT NOW.

>> MR. BROWN. SIR.

>> YEAH. I'M MARK ANDERSON.

I'M DRUG ADDICT AND ALCOHOLIC. >> WHERE YOU DO YOU SEED?

>> 823 VERNON STREET. ACROSS THE STREET FROM THESE OTHER HOUSES YOU'RE SPEAKING OF. I'M HENRY'S NEIGHBOR.

I'VE BEEN ON VERNON STREET ALMOST 15 YEARS.

IN 2007 WE HAD A 1216 FIRST STREET WE HAD RECOVERY HOUSE.

STEVE OWNED IT. IT WAS IN THE NEWSPAPERS.

WENT THROUGH WHATEVER YOU GUYS GOT ONE ON HERE.

CAME DOWN TO THE CITY. AND JIM O-BRADY ONE OF THE OTHER OWNERS. SAME SCENARIO WE GOT GOING ON TONIGHT. AND THEN STEVE HE ENDED UP PASSING AWAY AND THEY SOLD THE PLACE AND WENT BACK TO RESIDENTS THAT IS IT NOW. I TOOK PICTURES FOR YOU IF YOU NEED TO SEE IT. BUT IT WAS IT HAD I DON'T KNOW.

IT HAD THE AA RECOVERY ROOM IN THERE AS WELL.

SAME SET UP YOU GOT ON TENTH. THERE'S BEEN PRECEDENT SET IN THE CITY YEARS AGO. AND IT WAS ALL APPROVED AND THERE WEREN'T PROBLEMS OR ANYTHING LIKE THAT.

AND I WILL TELL YOU GOING FORWARD.

I'M ONE OF HOMEOWNERIST CONCERNED.

I'M ABOUT THIS ACROSS THE STREET FROM MY HOUSE FROM MY PROPERTY

[01:40:03]

>> I HAD CONCERNED ABOUT THAT. AND MY CONCERN WAS UPKEEP OF THE PROPERTY AND THOSE KIND OF THINGS AND WHAT WOULD HAPPEN.

>> PRIOR TO HENRY. BROUGHT THE PROPERTY A LITTLE BIT UP TO SPEED. LOOKS A LOT NICER.

IT'S MANAGED ON A DAILY BASIS. >> LIKE I SAID I'M A BIG PART OF THE COMMUNITY. IN RECOVERY.

HELPING DRUG ADDICTS AND ALCOHOLIC.

BEING THERE WITH FOUR HOMES I WILL SAY THIS.

THAT YOU KNOW THERE'S WE NEED A LOT OF HELP FROM THIS COMMUNITY.

AT LEAST WE KNOW WHERE A LOT OF THEM ARE NOW.

IN THESE HOUSES INSTEAD WHETHER IF THEY ARE ON THE STREET.

THAT'S GOOD TO KNOW. >> THE THING FOR ME TONIGHT.

LISTENING TO EVERYTHING I HEARD HERE TONIGHT.

I DO GOT SOME QUESTIONS. YOU TALK ABOUT GROUP HOMES.

THE HOUSE NEXT DOOR TO ME HAS 1600 SQUARE FEET.

IT'S FAMILY. THEY DON'T ALL HAVE THE SAME LAST NIGHT. THERE'S TEN OR TWELVE OF THEM THAT LIVE THERE AT ANY GIVEN TIME.

IS THAT A GROUP HOME? THE HOME DOWN ON THE END OF THE CORNER WHERE THEY SELL DOPE ALL THE TIME.

I CAN GIVE YOU THAT ADDRESS. ON HICKORY AND VERNON.

IT WOULD BE CONSIDERED A GROUP HOME.

THERE'S PEOPLE COMING AND GOING THERE.

I CAN GO ON AND GIVE YOU ADDRESSES AND SITES OF GROUP HOMES. I HAVE A PICTURE PRINTED OUT ON 15TH STREET. I CAN GIVE YOU THAT ADDRESS.

DOCUMENTS TO SHOW YOU. THERE'S 11 CARS THAT ARE IN FRONT YARD. ONE OF THEM CAMPER.

HASN'T BEEN MOVED IN COUPLE OF YEARS.

ALL THOSE CAR ON YOUR PROPERTY. >> SIX MONTHS AGO I WAS GIVEN CRAYTATION BECAUSE I HAD A FEW TELEPHONE POLE PLAN PLANTED OUT FRONT WHERE PEOPLE DECIDED TO PARK IN FRONT OF MY HOME.

I GET THIS CITATION AND I'M SUPPOSED TO REMOVE THE POLLS.

THEY SAID YOU NEED TO REMOVE THOSE THAT YOU PLANTED.

THEY WERE THREATEN WHEN I MOVED IN MY HOME 14 YEARS.

WHY ALL OF A SUDDEN SIX MONTHS AGO NOW IT'S A PROBLEM.

WELL, BECAUSE IT WAS ACCIDENT ON THE CORNER SOMEONE NOTICED THEM AND BECOME A PROBLEM. ON 10TH STREET THERE'S PICTURES OF POLL ON YOUR CITY PROPERTY. YOU GUYS HAVE A LOT OF CLEANING UP TO DO BEFORE YOU COME OVER POINTING ATS OUR OWN COMMUNITY.

MAYOR OF FERNANDINA BEACH OKAY. MAYOR, I HAVE PICTURE OF THAT TOO. AND WITH CAMPER IN FRONT OF HIS YARD. HASN'T BEEN MOVED.

PLANTS GROWING ON TOP OF HIS HOUSE.

YOU KNOW, WHEN YOU SIT HERE AND YOU NITPICK ON THE FOUR HOMES THAT HENRY HAS IN THE COMMUNITY. AND I WAS ADAMANTLY I DIDN'T WANT THE HOUSE ACROSS THE STREET FROM ME BECAUSE OF MY PROPERTY VALUE. AFTER YOU HEAR ALL THIS AND YOU TALK TO THE YOU KNOW EVERYTHING AND YOU COME IN HERE TONIGHT.

REALLY GUYS. CITY OF FERNANDINA BEACH.

YOU GOT A LOT MORE PROBLEMS THAN FOUR RECOVERY HOUSES.

WHY DENT YOU CLEANUP YOUR SIDE OF THE STREET MAP THE REST CAN DO THAT AS WELL. YOU HAVE NO IDEA WHAT WE DO IN THE COMMUNITY. I'M BOARD OF DIRECTOR FOR THE ROOM ON 7TH STREET. WE HELP OUT PEOPLE ALL THE TIME.

YOU HAVE NO IDEA WHAT WE DO FOR THE COMMUNITY.

AND THE VOLUNTEERS TIME. CONSTANTLY.

I'M SUPPOSED TO BE AA MEETING TONIGHT.

SITTING THERE HELPING HERE. I'M HERE HAVING THE CONVERSATION WITH YOU. REALLY WHAT DEPICTS A GROUP HOME. RECOVERY HOME.

WHO GIVES A CRAP. WE GOT A LOT OF ISSUES IN THIS COMMUNITY. AND THESE SOME OF THE HOMEOWNERS. I TELL YOU WHAT.

YOU KNOW YOU'RE GO AHEAD AND ENFORCE.

BUT I GUARANTEE YOU THERE'S HUGE PROBLEM OUT HERE WITH ALL KIND OF CODES IN OUR COMMUNITY. LIKE I SAID.

EYE BEEN HOMEOWNER FOUR DIFFERENT HOMES IN THE HISTORIC DISTRICT HERE. EVERY PROPERTY I TOUCHED.

I BROUGHT THEM UP TO CODE. MAKE THEM BEAUTIFUL.

ALL THOSE TYPE OF THINGS. YOU WANT TO KNIT PICK.

>> THAT'S OKAY. >> I ASSUME WHEN YOU TALK ABOUT YOU GUYS. YOU ARE NOT TALKING ABOUT THE FOLKS ON THIS BOARD. YOU ARE TALKING ABOUT THE CITY.

>> I CAN TELL YOU STORY ABOUT THAT.

THE CITY COMES AND GIVES ME A CODE BECAUSE I HAVE PIPES OUTSIDE MY HOUSE THAT WEREN'T THE SAME COLOR AT THE HOME.

TOOK PICK OF ALL THIS AND YOU LOOK AROUND TOWN HERE HISTORIC DISTRICT YOU KNOW HOW MANY PEOPLE HAVE DRAINING PIPE ON THE OUTSIDE OF THERE'S HOUSE GRANDFATHERED IN BECAUSE IT'S HISTORIC. BECAUSE THEY WEREN'T PAINTED SAME COLOR HOME. YOU WILL PUT A LEAN AGAINST MY

[01:45:04]

I'M LIKE REALLY, REALLY. SPEND MY TAX DOLLAR ON SOMETHING

BETTER. >>

>> YOU UNDERSTAND MY PROBLEM. >> I UNDERSTAND YOUR POSITION.

>> WE'RE ON THE RECEIVING END OF A SERIOUS COMPLAINT.

>> BUT EVERYTHING I'M HEARING IT'S OH, MY GOD.

>> YOU THINK IT COULD BE BETTER. >> LOOT ABSOLUTELY.

LET'S HELP HENRY GREEN. WE'RE TRYING TO KEEP PEOPLE OFF THE STREET. IF THEY AREN'T IN YOUR HOMES.

THEY WILL BE BREAKING INTO YOUR HOMES.

ABSOLUTELY. STEALING YOUR STUFF.

IRS TALKS ABOUT THE 501C-3. IN A FORMER LIFE, WE TRIED TO HAVE NEGLECT. BUT WEAR NOW FACE WITH CHARGE THAT'S COME BEFORE THE BOARD. WE HAVE TO DO WE NEED TO DO.

HE'S GUN ON 10TH STREET FOR FIVE YEARS.

NOW WITH OTHER HOMES. >> I GOT PICTURES.

OF ALL THE DIFFERENT CODE VIOLATIONS RIGHT HERE IN THE CITY. THEN WHEN I WAS GIVEN MY CRIATION. I BROUGHT IT UP.

I GOT ON THE PHONE. YU NEED TO LOOK THIS AND THIS.

I HAVEN'T HEARD A WORD SINCE. I APPRECIATE THAT.

THEY ARE NOT MY POLLS. THEY WERE YOUR POLLS.

THEY WERE THERE WHEN I MOVED IN. THE CITY POLES NOT MINE.

>> BOB IS INVOLVED VETERANS CORE.

WHEN YOU HAVE PROBLEM. WHO DO YOU CALL?

>> WHO DO YOUCAL. HIM.

>> WHEN THEY GOT SOMETHING DEPARTMENT OF CORRECTION AND NEED SOME HOUSING TO GET OUT JAIL.

THEY CALL ME. I TAKE THESE PEOPLE IN HERE.

I GET THEM JOBS. I GOT THEM INTO CHURCH.

I GOT A PATTER. THEY ARE GOOD FOLKS.

I JUST BRAG ON WHAT I DO. I HAVE PEOPLE TO TELL YOU WHAT I DO. EVERYBODY IN MY HOUSE GOT JOBS ACCEPT TWO. ONLY TWO AIN'T GOT JOBS.

THEY JUST GOT THERE. I GIVE THEM JOBS.

GET THEM CLOTHES. THEY CALL ME.

THERE'S NO PLACE FOR THEM TO GO. THEY CALL ME.

WHEN THEY GET OUT OF GATEWAY. THEY CALL ME.

MEMORIAL HOSPITAL. THEY CALL ME.

BAPTIST, THEY CALL ME. >> ALCOHOL OR DRUG PROBLEM.

THEY CALL ME. WHAT CAN C YOU DO WITH THIS

PERSON? >> THAT'S WHAT I DO FOR THE COMMUNITY. EVERYBODY THINK IT'S SO MUCH MONEY. I HAVE TO PAY 1800 A MONTH TO OPERATE EACH ONE OF THE HOUSE. THERE'S NO MONEY THERE.

BUT NEVER GO WITH OUT FOOD OR LIGHT OR HEAT AND AIR.

POOR LIVING CONDITION. THEY DIDN'T HAVE AIR CONDITIONING. EVERY ONE OF MY HOUSE HAS AIR CONDITIONING. EVERY 101 HAS HOT WATER.

THE KITCHEN HAS MORE FOOD THAT YOU CAN EAT.

DAY DON'T MISS MEALS. THE CITY DON'T GIVE ME HELP.

THEY WANT TO HELP SHUTDOWN. I DON'T UNDERSTAND.

>> WITH THE LICENSING DCF. LIKE I SAID WHEN WE MADE CONTACT DESCRIBED WHAT WE THAT'S HOW THE STATE DOES IT.

FERNANDINA MAY NOT. YOU KIND OF CUT AND PASTE BUT

YOU DON'T INCLUDE EVERYTHING. >> IF THEY GET DOCUMENTATION

[01:50:33]

TO OUR COUNCIL HERE. WOULD THAT EFFECT THE CITY'S

POSITION IN THIS CASE? >> I'M NOT THE POLICY MAKER.

I CAN'T STATE THE CITY'S POSITION IS.

I CAN ONLY SAY MY INTERPRETATION OF WHAT OUR EXISTING LAND DEVELOPMENT CODE IS. UNDER THAT CIRCUMSTANCE IT'S -- IF THAT'S WHY I BELIEVE THAT MISS BACH PROPONENT FOR THE LAND DEVELOPMENT CODE AMENDMENT BECAUSE YOU WOULD STILL HAVE NONCOMPLIANT CONDITION. YOU WOULD HAVE SOMETHING IN EXISTENCE DEFINED BY THE CODE NOT PERMITTED BECAUSE IT DOESN'T MEET THE CRITERIA FOR IT. I DON'T THINK THAT.

IT'S SOMETHING THE INDIVIDUAL BOARD MEMBERS COULD CONSIDER AND DECIDE. IN MY INTERPRETATION OF THE CODE IT WASN'T MAKE DISTINCTION. YOU WOULD NEED TO HAVE LAND DEVELOPMENT CODE AMENDMENT TO FIX THAT INCONSISTENCY.

>> THE AMENDMENT WOULD FIX IT. >> LET ME JUST ASK THIS QUESTION. I LOST TRACK OF IT.

YOU SAID THERE'S MEETING. YOU TALK TO JACOB DISCUSSIONS

ABOUT IT. >> ABSOLUTELY.

>> YOU'RE WORSE THAN I AM. >> YOU CAN TALK ABOUT THE ROCHESTER FERRY GOING BACK AND FORTH.

>> DO YOU KNOW WHERE THIS IS? .

DISCUSSION WITH THE STAFF IS OR THE CITY MANAGER?

>> I KNOW EXACTLY. STAFF WHAT WE ASKED DR. BLITHE TO DO IS MAKE APPLICATION. AND ASKED FOR MEETING WITH STAFF AND THE DIRECT MRS. GIBSON. SHE CAN SPEAK FOR HERSELF.

I HOPE IT WILL GET REBUTTAL TIME.

I HAVE FEW POINTS I WANTED TO MAKE.

WITH HER. SHE FELT LIKE NORMALLY WHEN WE SIT DOWN AND WE POW WOW ABOUT LAND DEVELOPMENT CODE AMENDMENT SO TO SPEAK. IT'S BECAUSE THE CITY MAY CONSIDER TAKING UP THAT CAUSE ITSELF.

AND DOING THE CITY INITIATED LAND DEVELOPMENT CODE AMENDMENT.

IN THIS CASE SHE FELT LIKE HER PREDECESSOR MARSHALL PRETTY SESSIONORS SHE REMEMBERED WHEN SHE STARTED WORKING FOR THE CITY AND SHE CAN TELL YOU THIS HERSELF.

THAT IN 2007 HE HAD CONSIDERED MAKING ALLOWANCES FOR SOBER LIVING. I WILL USE THE EXAMPLE AND THIS JUST MY TESTIMONY. I DIDN'T BRING THOSE CODES.

ONE OF THE TOWNS THAT IF ANY OF YOU HAVE READ ABOUT THIS.

SOBER HOMES OR CERTAINLY THE RISE IN SUBSTANCE ABUSE DISORDER AND THE STATE OF FLORIDA AND CITIES AND TOWNS HAVING PROBLEMS. DELRAY BEACH PROBABLY COMES TO MIND. IT'S BEEN ONE OF THE MOST -- IT HAS ONE OF THE HIGHEST NUMBERS OF IN PATIENT DRUG AND ALCOHOL AND REHABILITATION. I WENT DIRECTLY TO THEIR CODE.

AND AFTER I WROTE THAT MEMO. I LOOKED.

AND GUESS WHAT DELRAY BEACH DOESN'T USE RECOVERY RESIDENT, SOBER HOME OR ANY OF THAT. THEY USE COMMUNITY GROUP RESIDENTIAL. AND I LOOK THROUGH THEIR CODE EXHAUSTIVELY. I FOUND THAT OUR PATCHES UP NICELY WITH THERE'S. THEIR CODE IS NOT 50 YEARS OLD NOR IS THE CITIES. I'M NOT SAYING THAT WE COULDN'T DO SOME WORK TOGETHER. BUT THEY NEED TO INITIATE THE LAND DEVELOPMENT CODE APPLICATION.

PAY THE FEES WHICH COVERS SYSTEM OF THE STAFF TIME AND THE COST.

AND WORK WITH US. >> WHAT ARE THE FEES?

>> IT'S R SOMETHING LIKE THAT.

>> IT'S NOT FOR LAND DEVELOPMENT CODE AMENDMENT.

>> BUT ANYWAY. THAT'S WHAT HAPPENED THERE.

IT WASN'T THAT THE DIRECTOR OR I WAS LIKE NO.

FIRST OF ALL WE ALL WE CAN DO IS PUT OUR PROFESSIONAL ANALYSIS

[01:55:02]

>> I WAS TOLD SPECIFICALLY. TAMMY WASN'T INVOLVED IN THAT POINT. SHE WAS WAITING FOR THE MEETING TO HAPPEN. LIKE I WAS.

I WAS SPECIFICALLY TOLD WHEN I CAME BACK AND SPOKE WITH JACOB THERE'S NOT GOING TO BE A MEETING.

THEY WILL MOVE AHEAD WITH INFRACTIONS.

AND THAT'S IT. THAT'S HOW ITS LEFT.

>> JACOB IS NOT HERE TOTEL TO THAT.

BUT WHY WOULDN'T I WANT TO MOVE AHEAD?

>> LET ME -- I DON'T KNOW WHO TO ASK THIS QUESTION.

DR. BLITHE SAYS HE GOES DCF. AND ASKED THEM WHAT HE NEEDS TO DO GET THE LICENSE. AND THEY HE SAYING THEY TELL

THEM IT DOESN'T APPLY. >> REARE SAYING HE HAS TO GIVE

IT. >> IS THE CITY ASKING HIM TO DO SOMETHING WE CAN'T DO. OR REQUIRING HIM TO DO SOMETHING

THAT HE SPECIFICALLY CAN'T DO. >> WE DON'T HAVE ANY EVIDENCE FOR DCF THAT THEY. I DON'T KNOW THE ANSWER TO THAT.

WHEN I FIRST STARTED THIS, THE CITY TOLD ME GO TO DCF.

I WANT TO STATE. I GOT THE STATE RECOMMENDATION TO OPEN UP THE HOUSE. YOU WOULD BE THE SATELLITE THOUSANDS GO TO. I WAS OPERATIONAL FIVE YEARS.

IF I WAS DOING SOMETHING WRONG. THEY HAVE COME TO ME.

>> THAT'S WHAT WE'RE FORCED WITH.

DO YOU HAVE QUESTIONS. >> DCF WILL NOT DO IT.

>> LET'S PLAY OUT ANOTHER HYPOTHETICAL HERE.

IF WE DEFER THIS TO NEXT MONTHS MEETING AND ASK FOR WRITTEN DOCUMENTATION AND GENTLEMEN THIS IS CLEARLY VERY IMPORTANT FOR MANY REASONS. NO ONE THE QUESTIONING THE SERVICE THAT YOU OFFER. WE AS THE BOARD SEE WHATEVER CASE IS BROUGHT BEFORE US. MY SUGGEST TO YOU AS YOU GO FORWARD WITH THIS GET EVERYTHING IN WRITING.

IN GENERAL. >> THAT'S GOOD.

IT'S NOT IN WRITING IT DOESN'T EXIST.

>> THAT HELPS US WITH ADDITIONAL DOCUMENT FIGURES.

IN THIS CASE, THERE'S STILL LOT OF HEARSAY HERE.

>> WOULD THAT IN AGAIN THIS HYPOTHETICAL, DEFERRING THIS FOR A MONTH TO PRESENT TO THE CITY. POTENTIALLY --

>> ARE YOU ASKING? >> I WANT TO MAKE SURE I'M RESPECTFUL TO THE BOARD AND THE CHAIR.

THAT'S THE ONLY REASON I'M HESITATING.

BECAUSE I'M WAITING. I WOULD LIKE TO SHE CAN PROVIDE CLARIFICATION. NUMBER ONE, I WANT TO MAKE THE POINT I TAKE ISSUE IT'S SOMEWHAT OFFENSIVE THAT YOU SAY THAT WE CUT AND PASTE OUR LAND DEVELOPMENT CODE FROM THE STATE STATUTES. THAT'S ABSOLUTELY NOT TRUE.

AND IT'S OFFENSIVE TO CITY STAFF.

AND TO THE CITY ATTORNEY'S OFFICE AND THE PLANNING DEPARTMENT. THAT'S NOT WHAT HAPPENED.

IN 2006, REVAMPED THE CODE AND COST THE CITY HUNDREDS OF THOUSANDS OR DOLLARS. THERE WERE LOTS OF EXPERTS AND I WOULD NOT JUST I HAVEN'T VERIFIED AND OR SEEN SNIG WITH MYSELF WITH DCF OR SEEN ANYTHING FROM MR. GREEN OR FROM MR. BLACK OR FROM DR. BLITHE SAYING THEY CONTACTED DCF AND THERE'S NO LICENSURE MECHANISM. WHAT I WAS TOLD IN MEETING WAS FOR MR. GREEN BEFORE DOCTOR BLITHE CAME IN THE PICTURE.

HE'S NOT ELIGIBLE TO GET THAT TYPE OF LICENSE BECAUSE HE HAS A CRIMINAL RECORD. I WOULD LIKE MRS. GIBSON TO COME HERE AND TO EXPLAIN BECAUSE SHE WAS JUST WHISPERING.

[02:00:03]

AND MR. CHAIR, I WOULD ASK FOR FIVE MINUTES OF REBUTTAL TIME.

>> AFTER THE CONCLUSION OF THE RESPONSE ANDS DAY.

>> YOU CAN HAVE. I'M HERE FOR THE DURATION.

I DON'T KNOW ABOUT MY FRIENDS. >> IS THERE ANYTHING ELSE YOU

WOULD LIKE TO ADD? >> SIR.

>> CAN I REBUTTAL HER REBUTTAL. >> SIT DOWN AND CONSIDER IT.

. LET ME SAY SOMETHING.

THIS BOARD UP HERE WELL KNOWS MY FEELINGS.

ABOUT THE LAND DEVELOPMENT CODE. WHEN I WENT THROUGH IT I FACED THE SAME THING YOU DID. IF YOU DON'T LIKE THE WAY IT IS, YOU GOT TO CHANGE IT. THAT'S WHAT HAS TO HAPPEN.

>> THANK YOU AND YOU WILL CONSIDER WHETHER OR NOT YOU FEED

TO REBUTT. >> PLEASE STATE YOUR NAME FOR

THE RECORD. >> KELLY GIBSON.

I WORK FOR THE CITY OF FERNANDINA BEACH AS CONSERVATION DIRECTOR. I BELIEVE I'VE BEEN BROUGHT UP TO PROVIDE A COUPLE OF POINTS OF CLARIFICATION IN TERMS OF THE PROCESS. AS WELL AS THE QUESTIONS.

MORE SPECIFICALLY DEFINE THE TYPE OF FACILITIES THAT MR. GREEN IS OPERATING WITHIN THE CITY'S LIMITS.

IT WAS DETERMINED AFTER THEY MET WITH ME AND IT WAS MY OPINION, THAT THE CITY PROVIDES FOR A RANGE OF NOT ONLY ZONING DISTRICTS, AREAS AND MECHANISMS IN WHICH WE COULD OPERATE AND REGULATE A GROUP HOME, GROUP RESIDENTIAL OR THE ABILITY TO HAVE SERVICES SUCH MR. GREEN IN A TRADITIONAL SINGLE FAMILY ENVIRONMENT. AND SO THERE WERE BASICALLY THE ONE OF THOSE THREE AREAS UNDER WHICH MR. GREEN COULD APPLY.

THERE ARE, HOWEVER RESTRICTIONS WHICH LIMIT PLACEMENT WHETHER THAT'S ZONING DISTRICT PHYSICAL PROXIMITY TO ONE ANOTHER AND LIFE INSURANCE. THE CITY CODE REQUIRES FOR THEM TO QUALIFY UNDER GROUP HOME THAT LICENSURE COMPONENT TAKE PLACE.

IT SPEAKS TO DCF LICENSING. THAT MEAN IT DOESN'T ECONOMIST.

IT SIMPLY MEANS THAT AT THIS POINT IN TIME MR. GREEN HAS DEFINED HIS RANGE OF SERVICES TO OUR COMMUNITY, HE DOES NOT QUALIFY FOR THAT TYPE OF LICENSE.

THAT HE COULD OBTAIN. WHICH ELIMINATES ONE OF THE THREE POSSIBILITIES FOR HIM TO QUALIFY UNDER.

THEREFORE WE HAVE TWO. WE CAN EITHER BE GROUP RESIDENTIAL. OR YOU MAY BE OPERATE SINGLE FAMILY HOME WITH FOUR OR LESS UNRELATED PEOPLE IN A HOME ENVIRONMENT WHICH CASE WE WOULD NEVER KNOW ABOUT IT.

AND LIKELY YOU WOULD CONTINUE RENTING THOSE HOME AND PROVIDING THE SERVICE THROUGHOUT OUR COMMUNITY.

THE RESTRICTION ON THE GROUP RESIDENTIAL IS THAT THIS ZONING DISTRICT IN THAT SCENARIO WOULD NOT BE SUITABLE UNDER THE EXISTING HOME WHICH MR. GREEN IS OPERATING FROM.

AND THAT'S WHERE THE PROBLEM BECOME.

BECAUSE HE'S NEITHER GROUP HOME. BECAUSE HE'S UNLICENSED AND HE'S NOT GROUP RESIDENTIAL BECAUSE HE IS OPERATING WITHIN A ZONING DISTRICT THAT CANNOT SUPPORT IT. THAT'S WHY WE ARE HERE TONIGHT.

AND WHEN JACOB PLAT CAME TO SPEAK WITH OUR RANGE OF POSSIBILITY AT THIS POINT IN TIME WAS SUITABLE TO COVER THE TYPE OF FACILITY THAT MR. GREEN OPERATING.

NOT ONLY DO WE ALLOW THROUGHOUT THE CITY.

BUT IN VARIOUS WAYS. >> YOU'RE SAYING THAT THE RANGE OF -- THE KINDS OF SERVICES THAT MR. GREEN PROVIDES CAN BE PROVIDED IN THE CITY BUT NOT NECESSARILY IN THESE LOCATIONS AND OR IN CLOSE PROXIMITY TO EACH OTHER.

>> THAT NUMBER OF OCCUPANTS WITHIN THAT TYPE OF HOME.

[02:05:02]

>> YOU MAY NOT HAVE THAT -- THE NUMBER OF RESIDENTS OCCUPYING THE SPACE WHICH ARE NOW PREVENTING HIM FROM OCCUPYING IT

IN THAT WAY. >> AS OF THE MOMENT, THERE'S BEEN NO COMPLETED APPLICATION MADE TO THE CITY FOR LAND

DEVELOPMENT CODE AMENDMENT. >> TO.

NOT AT THIS TIME. TO MAKE ANY MODIFICATION.

THAT LAND DEVELOPMENT CODE AMENDMENT WOULD COST 1500.

>> THAT'S UNDER THE GROUP AND RESIDENTIAL.

>> I WILL CALL ON YOU IN A MINUTE.

TO REQUEST LAND DEVELOPMENT CODE AMENDMENT WHATEVER THAT MIGHT BE. WILL COST $1500 PLUS AND HAS TO GO THROUGH THE CITY COMMISSION AND PLANNING ADVISORY BOARD.

AND HOW LONG DOES THAT PROCESS TAKE?

>> 3-4 MONTHS. >> I HAVE A QUESTION.

>> MISS CROWE. >> I CAN'T SEE WHO WAS TALKING.

MISS GIBSON? >> OKAY.

THAT'S MY QUESTION IS TO. WHEN YOU WERE GOING THROUGH THE DIFFERENT SCENARIOS THAT THE CITY PROVIDES FOR THIS SITUATION, FOR THE FOR FROM GREEN IS TRYING TO PROVIDE, I MISSED THE PIECE ABOUT THE LICENSING.

ARE YOU SAYING THAT -- DO YOU DISSA GRIEVE AND SAY SOMEONE WITH DO WHAT HE'S DOING UNDER THE GROUP HOME SCENARIO.

IN THAT PARTICULAR ZONING AND GET A LICENSE? THAT THERE'S A DCF LICENSE AVAILABLE?

>> IT IS MY UNDERSTANDING THAT THE DISTINCTION WITH LICENSURE EXIST IN THE TIP OF SERVICES MR. GREEN IS PROVIDING.

AND NOT THAT THERE'S A -- THERE'S NO LICENSE WHICH EXIST FOR THEM TO PROVIDE TO HIM.

IS IT WHAT HE'S DESCRIBING AS RANGE OF SERVICES DOESN'T QUALIFY FOR DCF LICENSE. WHERE OUR CODE REQUIRES FOR YOU TO OPERATE IN THAT GROUP HOME A LICENSE.

THAT'S THE DISTINCTION. HE DOESN'T QUALIFY FOR THE LICENSE BECAUSE OF THE RANGE OF SERVICES HE PROVIDE.

NOT THAT THE LICENSE DOESN'T EXIST.

>> IS THE RANGE OF SERVICES OR LACK OF RANGE?

>> I DON'T KNOW. THAT'S MY UNDERSTANDING OF WHY THERE'S DISCONNECT BETWEEN THE TWO.

EXCUSE ME MISS CROWE. >> I'M SORRY.

I DIDN'T HEAR YOUR QUESTION. MY QUESTION WHICH MAYBE WHAT YOU ASKED. WHAT ARE THE RANGE OF SERVICES THAT DON'T QUALIFY. DOES ANYONE KNOW THAT?

82 NO. >> I THINK -- ISN'T IT THE OTHER WAY AROUND. SERVICES HAVE TO BE GREATER THAN

WHAT MR. GREEN IS PROVIDING. >> IF I MIGHT, MR. CHAIR.

WE'RE REACTING TO MR. GREEN RENTING HOMES AND PROVIDING SERVICES THAT ARE VALUABLE. THAT'S NOW HOW ZONING WORK.

YOU DON'T JUST IN ANY CITY WITH A ZONING CODE.

SAY, I'M GOING TO HAVE THIS HOME THAT BELONGS TO FAMILY MEMBER.

RENT IT FROM THEM. AND I KNOW THESE FOLKS THAT YOU KNOW NEED SOME HELP. I CAN GIVE YOU ANOTHER SCENARIO.

I'M GOING TO OPEN UP A BUSINESS. I CAN'T RUN MY BUSINESS OUT OF MY HOME. OR HAVE CUSTOMERS COME TO MY HOME. IF MR. GREEN WOULD RENT HOMES AND LEASE PLACES IN THE RIGHT ZONING DISTRICTS WE WOULDN'T BE HERE. IT'S THE OTHER WAY AROUND WE'RE TRYING TO NOW HE GETS CAUGHT. AND HE SAID OUR CODE IS WRONG.

AND I GUESS WHAT WE'RE TELLING YOU IS THAT WHETHER OR NOT OUR CODE IS WRONG. AND NEEDS TO BE CHANGED.

THAT'S A GREAT DISCUSSION BUT IT IS NOT SOMETHING THAT THE BOARD CAN DECIDE. THE BOARD HAS TO DECIDE WHETHER OR NOT THERE'S VIOLATION OF CODE.

WE ARE TALKING ABOUT DISABILITIES.

AND DCF LICENSING AND ALL OF THAT.

[02:10:03]

THEY DON'T GET TO DECIDE OUR CODE IS MESSED UP.

THAT'S FOR COUNT OF LAW TO DECIDE.

>> OR THE CITY COMMISSION TO REVISE THE CODE.

>> CORRECT. ANYBODY CAN BRING UP THE APPLICATION. ABSOLUTELY.

IF ANYONE WANTS KELLY HAS AN ANSWER TO RESIDENT QUESTION.

WE HAVE DEFINITION ON HER. >> DO WE HAVE THE ANSWER.

>> YOU COMCOME UP AGAIN. THANK YOU FOR BRINGING UP THAT.

KELLY GIBSON. UNDER THE CITY LAND DEVELOPMENT CODE DEFINITION ARE DEFINED IT CHAPTER ONE.

UNDER THE DEFINITION OF DWELLING UNIT IS SPEAKS TO RESIDENT OF THE DWELLING UNIT. MAY BE COMPRISED OF AND PROVIDES FOUR EXAMPLE. THE FIRST AN INDIVIDUAL.

THE SECOND IS TWO OR MORE PERSONS RELATED BY BLOOD ADOPTION OR MARRIAGE TOGETHER WITH NUMBER OF OFF SPRING.

FOSTER STEP OR ADOPTED CHILDREN. THIRD, IS GROUP NOT MORE THAN FOUR INDIVIDUALS NOT RELATED BY BLOOD OR MARRIAGE.

OR THE FOURTH GROUPS LIKE BY THE STATE OF FLORIDA AS GROUP HOMES AS DEFINED AND REGULATED BY OBJECTIVE 3.05 OF THE CITY CODE.

THAT'S GETTING US RIGHT BACK TO WHERE WE STARTED.

>> I HAVE A QUESTION FOR MISS GIBSON.

DO YOU KNOW OF ANY OTHER GROUP HOMES THAT WE HAVE IN THE CITY

OF FERNANDINA? >> LICENSED GROUP HOMES? I'M FAMILIAR WITH ONE ADDITIONAL LOCATION.

>> THERE'S ONE LOCATION. >> YES, SIR.

>> AND THAT GROUP HOME HAS A DCF LICENSE.

>> I WOULD HAVE TO MAKE SURE. WHERE I GO WITH THIS, AGAIN.

AND I STILL DON'T UNDERSTAND WHY THEY CAN'T GET A LICENSE.

AND WE'RE TELLING THEM THEY HAVE TO GET A LICENSE.

THAT'S WHERE I'M LOCKED BE. YOU'RE TELLING ME THAT'S COMING IN AND COMPLAINING AND ALL I'M SAYING IS THAT I GOT A PROBLEM WITH THE CITY REQUIRING SOMEONE TO DO SOMETHING THEY CAN'T DO.

>> THAT'S WHY I WAS TRYING TO EXPLAIN THAT WE NEED TO -- YOU -- THAT'S WHY I GAVE THE BUSINESS RUN OUT OF HOME.

THE CITY HAS REACTED TO COMPLAINTS, ISSUE, WHATEVER THAT THIS IS GOING. INVESTIGATE AND FIND THERE'S A VIOLATION OF THE ZONING CODE. YOU ARE NOT ALLOWED TO DO WHAT

HE'S DOING. >> MR. GREENE IS NOT ALLOWED IN R2 TO HAVE MORE THAN FOUR UNRELATED RESIDENTS LIVING IN HOMES THAT HE'S LEASING. IF HE WAS RF-3.

HE WOULD BE CONSIDERED RESIDENTIAL.

AND THE ONLY THING HE WOULD HAVE TO DO HAVE FIRE MARSHALL INSPECT

IT. >> I THINK SO WE'RE TRYING TO FIT HIS SERVICES AND MAKE WHAT HE'S DOING IN THESE THREE HOMES FIT INTO OUR CODE. AND IT DOESN'T FIT.

>> THAT'S WHY IT'S A VIOLATION. OUR CODE IS NOT WRONG.

ACTIVITY THAT THE USES THAT HE'S MAKING OF THE PROPERTIES ARE IN VIOLATION. YOU NOTICE I DIDN'T USE THE WORD WRONG. IT DOESN'T MEAN OUR CODE.

THEY NEED TO DO IT IN OTHER AREAS.

>> THE CODE DOESN'T PERMIT IT. THE CLOSE PROBLEMS ESTIMATY ONE

WITHIN THE 1200 FEET. >> THERE'S SO MANY WAYS TO SO I GUESS WHAT I'M SAYING I'M NOT I'M NOT OPPOSED NOR COULD I BE TO MR. GREENE TRYING TO MAKE THESE THREE HOMES AND ANY OTHER IN CLOSE PROXIMITY. I DON'T KNOW WHAT THE CITY COMMISSION WOULD DO THAT WITH. I WOULDN'T HAVE AN OPINION.

IT WOULD JUST BE WHETHER OR NOT IN THEIR PURVIEW TO DO THAT.

WHICH IT CERTAINLY. >> THIS ISN'T JUST A BUSINESS IN THE COMMUNITY SELLING ICE CREAM. ADA HAS A LOT TO DO WITH THIS.

>> WE CAN TALK ABOUT THE ADA. >> I DON'T THINK SO.

[02:15:08]

>> ONE LAST QUESTION. >> YOU SAY THAT MY HOME [INAUDIBLE] THERE'S NO VESTED RIGHT.

THERE'S NO VESTED RIGHT LEGALLY. IN 2010 MICHELLE SAID I DON'T SEE IT. OR IT WAS VIOLATION OF CODE THEN TOO. IT'S WAS THE SAME CODE.

>> SOME OF US WILL TELL YOU THIS.

LET'S NOT TALK ABOUT THE CODE. THE PEOPLE HAVE BEEN PARKING THERE BOAT TRAILERS IN THEIR DRIVEWAYS FOR MILLION YEARS.

AT LEAST A MILLION MAYBE LONGER THAN THAT.

AND OVER THE LAST FOUR OR FIVE YEARS THE CITY HAS NOW BEGUN TO ENFORCE THAT. WHETHER WE THINK THAT'S RIGHT OR WRONG, THAT POINT, IT'S STALE VIOLATION OF THE CODE.

TIMES CHANGE. PEOPLE DO DIFFERENT KINDS OF THINGS. WE'RE FACED -- YOU KNOW, WE'VE BEEN TRYING TO COMMAND THE TIED FOR A LONG TIME.

I CAN'T CHANGE THE CODE. I'M JUST SPEAKING FOR MYSELF.

I CAN'T CHANGE THE CODE. EVEN IF I WOULD LIKE TO CHANGE THE CODE. THERE'S ONLY ONE WAY TO CHANGE THE CODE THAT'S BY FILING FOR LAND AMENDMENT AND DEALING WITH THE CITY COMMISSION AND DOING THOSE THINGS.

[INAUDIBLE] I'M ONLY SPEAKING FOR MYSELF.

UNLESS THERE'S ANYTHING MORE I THINK WE WILL CLOSE.

>> I HAVE A LITTLE BIT MORE. BECAUSE I WOULD LIKE TO CALL UP OFFICER GEORGE WELLS REAL QUICK. IN 2010, 2009.

WHEN EVER, MICHELLE FIRST MADE CONTACT WITH MR. GREEN OR KNEW ABOUT THE CITY KNEW ABOUT IT. I THINK WE CAN PROBABLY AGREE THERE'S MORE NEED NOW. AT THE TIME THAT MR. GREEN STARTED HE WAS AT 1014 SOUTH TENTH STREET AND THAT WAS IT.

THAT'S A PRETTY BIG HOUSE. BEING OVER 2000 SQUARE FEET.

AND HE HE WAS NOT WRITTEN UP. JUST BECAUSE -- PEOPLE LOOK THE

OTHER WAY. >> RIGHT.

>> THEN THE NEED, THE COURTS BEGIN TO START REFERRING PEOPLE.

HE BECOMES BETTER KNOWN. THERE'S NEWSPAPER ARTICLES.

HE'S DOING A GREAT THING FOR THE COMMUNITY.

AND THEN THERE'S TWO MORE HOUSES THAT ARE RENTED.

AND ONCE THAT START HAPPENING THE COMMUNITY STARTS TO PAY MORE ATTENTION. THIS NOT MICHELLE HAVING NOTHING

BETTER TO DO >> THE NEED IS EXPANDING.

IT'S SOMETHING THAT THIS COMMUNITY NEEDS TO DEAL WITH.

THE BEST WAY TO DEAL WITH IT DEAL WITH ELECTED OFFICIALS.

I TOLD YOU THIS. JEFF.

>> YOU NEED TO TAKE AND YOU PROVIDE A STACK OF INFORMATION IN YOUR MAILBOXES. BUT IT REQUIRES MEETINGS.

I SAW A LOT OF PEOPLE HERE IN THE CHAMBERS OF THE CITY COMMISSIONER KNOW AND ALL OF YOUR SUPPORTER AND PEOPLE NEED TO ASK FOR MEETING WITH THE INDIVIDUALS CITY COMMISSIONERS AND YOU NEED TO STOP WORKING ON THEM FOR WHAT THEY -- WHAT YOU

DOING AND HOW YOU MAKE IT WORK. >> THAT'S HOW WE DID IT.

>> I HAVE TO DO THIS JUST BECAUSE IT DID GET ON TO RECORD.

MR. WELLS DID INSPECT THE PROPERTY AT 1014 SOUTH TENTH.

I WOULD LIKE YOU TO TELL ME WHAT YOU FOUND THERE.

WE HEARD FROM MICHELLE THERE WERE APPROXIMATELY 15 BEDS AND A BUNCH OF CHAIRS. WHAT WERE THE CONDITIONS OF THE HOME. CLEANLINESS.

DID YOU SEE ANY TYPE OF VIOLATIONS.

BECAUSE MR. GREEN TESTIFIED EARLIER THAT THE HOMES ARE CLEAN. AND THE RESIDENTS HAVE ALL KINDS OF FOOD TO EAT AND EVERYTHING. I WOULD LIKE TO HEAR WHAT YOU

FOUND? >> MY NAME THE GEORGE WELLS.

I'M A CODE ENFORCEMENT OFFICER WITH THE CITY OF FERNANDINA BEACH. 516 SOUTH TENTH STREET.

ON 721 THE ADDRESS. >> WE ARE ADDRESS THE ONE THAT

[02:20:13]

THAT WAS PRESENT. THERE WAS SOME I WILL GO THROUGH EACH VIOLATION. THERE WAS TRAILER PARKED IN FRONT YARD. THERE WAS JET SKI TRAILERS PARKED IN THE FRONT YARD ALSO. THERE WAS SOME TRASH AND DEBRIS LAYING AROUND THE PROPERTY AND BUILDING MATERIAL STORED ON THE EXTERIOR OF THE PROPERTY. IN ADDITION TO OTHER VIOLATIONS THATS WRITTEN UP WE ALSO INCLUDED THOSE ITEMS WITH THE OTHER VIOLATIONS. THEY HAVE SINCE CORRECTED THOSE VIOLATIONS. AS FAR AS THE TRAILERS, THE OUTSIDE STORAGE, AND THE TRASH AND DEBRIS.

NOW, MR. GREENE WAS GRACIOUS TO HAVE US COME IN TO TOUR FACILITY. ONE THING THAT STOOD OUT TO MES WALKING INTO THE BEDROOMS, THE FIRST THAT WE WALKED IN WAS BUNK BEDS AND FOUR SETS IN THIS ONE ROOM.

AND THE BED SHEETS AND PILLOW CASES VERY FILTHY.

VERY UNSANITARY. AND THE PLACE HAD AN ODOR.

IT WAS VERY PUNGENT IN MY OPINION.

I UNDERSTAND THE RESIDENT ARE TRANSIENT IN NATURE.

THEY COME AND GO. AND THEY ARE HYGIENE MAY NOT BE LIKE MY HYGIENE. BUT THAT'S NEITHER HERE NOR THERE. AND THIS WAS RIGHT IN THE HEAT OF COVID 19. IT'S VERY TIGHT INSIDE THAT PLACE. I SAY TIGHT.

IT WAS ALL THREE OF US TRYING TO GO THROUGH THIS PLACE AND TRYING TO SOCIALLY DISTANCE. AND STAY FAR ENOUGH APART.

IT'S DIFFICULT. TO KEEP TOGETHER.

I'M NOT GOING TO SAY THAT KITCHEN TO ME LOOKED LIKE -- THIS WAS JUST MY OPINION.

I MEAN IT WAS NOT UNINHABITABLE OR UNSANITARY IN KITCHEN.

I DID NOTICE IN THE BEDROOMS IN PARTICULARLY VERY UNSANITARY.

>> >> THAT'S ALL I HAVE.

>> ANY OTHER -- I WILL CLOSE THE HEARING.

I HOPE WE SPENT WHAT? 2 AND A HALF HOURS TALKING ABOUT THIS? BASICALLY.

I HOPE YOU FEEL THAT WE'VE LISTENED TO YOU AT LEAST.

AND WE CLOSE THE HEARING AT THIS TIME.

ACCEPT A MOTION TO DO THAT. >> I SECOND THE MOTION.

>> SECOND. >> I WILL SECOND IT.

>> ALL IN FAVOR. >> AYE.

>> HEARING IS CLOSED. OKAY.

MEMBERS OF THE BOARD. THOSE ON ZOOM.

WHAT WOULD YOU LIKE TO DO. I'VE GOT SOMETHING TO SAY.

>> I CAN'T FIND THE PART WHERE I'M SUPPOSED TO RAISE MY HAND.

>> I SHARE YOUR PAIN. EVEN -- IF I -- I THERE'S A VIOLATION BASED ON THE CODE SECTION THAT WE WERE SHOWN.

BUT THE REASONI ISAIAS ASKING ABOUT DCF LICENSING.

WHEN THE CONVERSATION CHANGED TO I DIDN'T NEED TO BE ASKING THAT QUESTION. IT'S BECAUSE I'M GOING TO HAVE A HARD TIME I WILL HARD TIME GIVING YOU CERTAIN AMOUNT OF TIME TO BRING IT INTO COMPLIANCE IF I DON'T UNDERSTAND HOW YOU BRING IT INTO COMPLIANCE. NOT JUST THE NUMBER OF PEOPLE THAT CAN LIVE THERE. BECAUSE IF MR. GREENE CAN REDUCE THE NUMBER OF PEOPLE THAT LIVE THERE.

IT MEETS THE ZONING REQUIREMENTS, BUT HE CAN'T GET A LICENSE. THEN HE CAN'T BRING IT INTO COMPLIANCE. THAT'S WHY I ASK THE QUESTION.

[02:25:01]

VOTE. >>

>> I HAVE THE SAME PROBLEM. >> ANY OTHER BOARD MEMBERS.

>> I WOULD LIKE TO SUGGEST -- MR. CHAIRMAN.

>> ALL THREE IF I UNDERSTAND IT RIGHT.

ALL THREE PROPERTIES ACCORDING TO THE CURRENT ZONING DO NOT MEET -- DO NOT MEET ZONING FOR GROUP HOMES, RECOVERY HOMES AND WHATS THE OTHER ONE? GROUP RESIDENTS.

>> GROUP RESIDENTIAL. >> ACTUALLY, ALL THREE NOT IN THE ZONE. EITHER ONE OF THE ZONING REAR CHOIRMENT. GROUP HOME ALLOWABLE IN R OF THE

2 BY THE DCF LICENSED ONCE. >> FOR 40 TO 15 PEOPLE WITH

SUPERVISE IF I UNDERSTOOD. >> THAT ONE BROUGHT IN

COMPLIANCE? >> THEY WERE BROUGHT INTO COMPLIANCE FOR MAINTENANCE. AIM NOT SURE WHY WE TALK ABOUT LICENSING. REALLY ALL WE NEED TO DISCUSS ARE THE PROPERTIES MEETING THE LAND DEVELOPMENT.

THEN WE DECIDE WHAT THE DO WITH THE ACTION TAKEN PLACE NOW.

>> THERE'S RESPONSE. >> ALL THREE OF THE PROPERTIES ARE IN R-2. THEY FOLLOW UNDER GROUP HOMES.

ALL OF THEM HAVE THE EXACT SAME VIOLATION.

FOR THEM TO COME INTO COMPLIANCE.

NUMBER ONE THERE HAS TO BE SOMEONE THAT HAS DCF LICENSE ON THE PROPERTY. AND THERE HAS TO BE A BUSINESS LICENSE. AND 1200 SQUARE FOOT RADIUS DISTANCE. THE RECOVERY HOME OR GROUP RESIDENTIAL. NEITHER ONE OF THEM APPLIES IN

ANY OF THE THREE CASES. >> DOES THAT ANSWER YOUR

QUESTION? >> I'M STILL CONFUSED ON ZONING

FOR GROUP HOME. >> THAT'S CORRECT.

>> ONLY ONE OF THE PROPERTIES MEETS THAT REQUIREMENT.

>> NONE OF THE PROPERTIES MEET THE REQUIREMENT.

>> 5.01 AND 09. THAT THE CLEAN OF THE OUTSIDE YARD. IS THAT CORRECT?

>> THAT'S CORRECT. I THINK THAT MR. GREEN NEED TO FIND PROMPT HE CAN OPERATE WHAT HE'S DOING WITHIN THE ZONING.

>> THAT'S ONE OPTION. >>

>> R-3 OR ANY OTHERS. >> IN R-2 THESE ARE ALL IN

VIOLATION OF 60216. >> THAT'S CORRECT.

[02:30:07]

>> THANK YOU. HE'S IN R-3 THE SERVICES HE PROVIDING NOW DOESN'T REQUIRE A CITY LICENSE OR STATE LICENSE.

IS THAT CORRECT? >> FIRE MARSHALL INSPECTION;

CORRECT? >> CORRECT.

>> FIRE MARSHALL INSPECTION AND OTHER THINGS.

IT'S NOT R OF THE 2-2 REQUIRE. DO THE PROPERTIES MEET CODE AND THEY DON'T MEET THE CODE. THAT'S CORRECT.

>> THAT'S CORRECT. >> I AM OF THE PERSUASION.

IN CERTAIN CASE WE MAY ASKING FOR SOMETHING THAT DOESN'T FIT.

IN THE SENSE OF WE'RE ASKING FOR A LICENSE.

THAT CANNOT BE GRANTED. I WOULD FEEL MORE COMFORTABLE KNOWING THIS. THERE'S AN ISSUE THAT CAN'T BE RESOLVED IN THAT YOU HAVE TWO RESIDENCES WITHIN THE 1200 SQUARE FOOT. THE WAY TO RESOLVE THAT HAVE ONE OF THOSE BE FOUR PEOPLE OR LESS. AND THE OTHER ONE GETS A LICENSE. TO BE A GROUP HOME.

EITHER YOU'RE VERNON STREET OR YOUR 13TH STREET WOULD NEED TO DROP TO FOUR AND THE OTHER ONE WOULD NEED TO GET LICENSED AS A GROUP HOME. AS WOULD THE TENTH STREET.

>> WITHOUT A LICENSE. >> THEY CAN'T OPERATE AS GROUP HOME. BUT CITY CODE DOES ALLOW GROUP HOME. WHAT THEY RUN INTO SAYING -- I

WOULD LIKE SOMETHING IN WRITING. >> I DON'T KNOW IF CHANGES.

>> THERE'S NO MOTION ON THE TABLE HERE.

THE QUESTION IS WHAT IS THE BOARD WILLING THE DO WITH THIS POINT. AND YOU RAISE THE ISSUE OF IS THIS REAL CONUNDRUM. UNDER THE CODE.

>> WE DON'T HAVE AN ANSWER TO THAT.

>> WE ALSO DO ENTITY HAVE DOCUMENTATION TO THAT EITHER.

>> I THINK IN THE WRONG ZONE. >> THE THREE VIOLATIONS ARE THAT THESE HOMES FOR A VARIETY OF REASONS INCLUDING PROBLEMS ESTIMATY AND OTHER THAN THAT THEY VIOLATE 60216 BECAUSE THEY DON'T HAVE LICENSES. THAT'S CORRECT.

THEY DON'T. REQUIRES A LICENSE.

R-3 DOESN'T REQUIRE LICENSE. I DON'T HAVE ANYTHING OFFICIAL.

>> THEY RAISED THE SAME QUESTION.

IF TWO OF THESE -- TWO OF THREE IF THEY OBTAINED LICENSE COULD OPERATE. ONE UNDER 1200 CAN'T.

>> UNLESS IT CAME DOWN TO FOUR PEOPLE.

PRESENT CONFIGURATION. I HAVE ANOTHER --

>> IN R-3 THEY DON'T RAE CHOIR A LICENSE FOR THE SERVICES HE'S

PROVIDING. >> CORRECT.

>> IF YOU'RE ANSWER MOVE TO A DIFFERENT LOCATION, THAT'S MORE EXTREME THAN I'M WILLING TO DECIDE TONIGHT.

WHEN I DON'T KNOW ALL THE REQUIREMENTS OR EVERYTHING IN

R-2 FIT. >> THERE'S AT LEAST THREE PEOPLE ON THE BOARD IF I COUNT CORRECTLY THAT WANT A DEFINITIVE STATEMENT OR SOMETHING IN WRITING FROM DCF THAT DEALS WITH THE LICENSING REQUIREMENT. AM I CORRECT?

>>. FOUR.

>> THEY ALSO SAID THAT THERE'S ONE OTHER GROUP HOME.

WITHIN FERNANDINA BEACH. WHEN I ASKED IF THEY HAVE A

[02:35:01]

THE REASON I'M ASKING THAT IS THAT IF IN FACT THEY DO HAVE A DCF LICENSE, THEN THAT MEANS THAT THE LAND DEVELOPMENT CODE AS WRITTEN NOW. YOU CAN DO IT.

THE PROBLEM THAT I HAD OR I AM HAVING IS ASKING THEM TO DO SOMETHING THEY CAN'T DO. I DON'T HAVE AN ANSWER TO THAT.

>> I DON'T HAVE AN ANSWER AS TO WHETHER OR NOT IT CAN BE DONE.

>> CAN I RAISE -- >> WE'RE NOT GOING TO DECIDE WHAT THEY CAN OR CAN'T DO. JUST THE CODE.

CODE SAYS IF HOME LOCATED IN R-2 CAN'T PROVIDE THESE TYPE OF SERVICES WITHOUT A LICENSE. I'M WILLING TO FIND VIOLATION.

BUT I'M NOT GOING TO REQUIRE COMPLIANCE.

>> THERE'S TWO THINGS. IF THE BOARD AS WE'VE DONE IN THE PAST. PEOPLE WHO ARE STILL HERE.

WE GENERALLY FIND A VIOLATION AND THEN WE DEAL WITH THE PENALTY PHASE IN A SECOND RESOLUTION.

I THINK I'M HEARING THAT PEOPLE WILL FIND MAJORITY THAT MAY FIND THAT THERE'S A VIOLATION PERIOD BUT FOUR MEMBERS THAT I CAN WILLING TO ASSESS A PENALTY R A COMPLIANCE TIME UNTIL THERE'S A

DETERMINATION FROM DCF. >> IS THAT RIGHT?

>> WITH ONE CAVEAT. I DON'T THINK THAT WE CAN FINNED THEM IN VIOLATION OF GROUP RESIDENTIAL AND GROUP HOME AND BOTH THOSE VIOLATIONS BROUGHT FOR EACH PROPERTY.

>> I DIDN'T SEE THAT. >> WHAT THE RECOMMENDATION FROM CODE ENFORCEMENT BOARD IS THAT WE FIND THEM IN VIOLATION 6.0216 WHICH IS GROUP HOMES. I DOESN'T BRING A RECOMMENDATION

FOR VIOLATION OF 6.0217. >> IT DOES IN THE NOTICE OF

VIOLATION NOTICE. >> THAT'S NOT THE RECOMMENDATION. THE RECOMMENDATION IS ONLY 602.16. RIGHT AT LEAST ARGUABLY NO ONE MADE A MOTION YET. THAT MAY BE MAJORITY OF THE BOARD THAT WILL FIND AVIOLATION BUT WILL 60216.

BUT AT LEAST TABLE THE PENALTY RULING UNTIL WE GET MORE

INFORMATION. >> IF IT'S THE WILL OF THE BOARD. I MIGHT ALSO CONSIDER BEFORE IMPOSING THE PENALTY GIVING RESPONDENT TIME TO SUBMIT AMENDMENT TO LAND DEVELOPMENT CODE IN THE INTERIM.

>> CERTAINLY, I DON'T KNOW WE RECHOIR THAT.

IN TERMS OF THIS. I DON'T KNOW THAT WE CAN SAY.

IT MAY BE ADVISABLE. I DON'T KNOW WE CAN REQUIRE THAT UNDER THE CODE. WE FIND VIOLATION.

THREE VIOLATIONS. AND NOT DEAL WITH PENALTY UNTIL WE OBTAIN OTHER INFORMATION FROM THE CITY AND DCF OR HOWEVER WE

GO ABOUT DOING THAT. >> OR WE CAN DEFER THIS CASE AS WE HAVE DONE WITH OTHER CASES TO ALLOW TIME TO POTENTIALLY GET

THIS DCF LICENSE. >> AREN'T THEY IN VIOLATION BECAUSE OF THE BUFFER ZONE WHETHER THERE'S A LICENSE ISSUE

OR NOT? >> THE OTHERS ARE IN VIOLATION

BECAUSE THEY DON'T HAVE LICENSE. >> JUST SO THIS COULD BE CLARIFIED NOW. IN SPEAKING WITH MRS. GIBSON.

I DON'T KNOW IF THEY NEED A LICENSE.

>> IT'S NOT THAT WE DON'T KNOW. IT'S THAT DCF THE LICENSING NUMBER WE ARE TALKING ABOUT UNDER GROUP HOMES.

DCF DOES PROVIDE LICENSING. >> WHAT I HEAR.

[02:40:15]

THE CODE SAYS WE'RE CONCENTRATING TO SERVICES BECAUSE WE ALL HAVE BIG HEARTS AND WE KNOW THE NEED.

THAT'S THE FACT I THINK. THE SERVICES THAT HE'S PROVIDING THAT'S WHY IN THE BEGINNING TRYING TO SAY THAT IT DOES NOT MATTER WHAT HAPPENING IN WHAT THEY ARE DOING AND WHY THEY ARE

DOING IT. >> YES.

>> IT ALTHOUGH IMPORTANT AND CAN'T BE IGNORED.

AND WE WILL HEAR A LOT ABOUT IT. THAT'S NOT THE CASE HERE.

THE CASE IS THAT YOU HAVE UNRELATED INDIVIDUALS LIVING IN A HOME. AND THE ONLY TIME IN R-2 THAT YOU CAN HAVE MORE THAN FOUR IS IF YOU HAVE A GROUP HOME.

AND REQUIREMENTS FOR A GROUP HOME ARE THIS.

A NURSING HOME TYPE FACILITY. THESE ARE OR A FOSTER HOME.

WITH AT-RISK KID. THESE PARTICULAR SERVICES SOBER LIVING, JUST TO BE SIMPLE MAKE IT SIMPLE.

BOARDING HOUSE IS NOT SOMETHING DCF LICENSES.

WHAT THE CITY SAYS IS THAT THE CITY DOESN'T THINK IN IT'S PLANNING AND ZONING THAT IT'S APPROPRIATE USE IN THAT ZONING.

>> REQUIREMENT R OF THE 2. THERE'S CONCERN FROM THE MEMBERS OF BOARD. KRONNING.

THAT SOME PEOPLE FEEL THAT IF WE ARE GOING TO REQUIRE DCF LICENSE THAT WANT DEFINITIVE STATEMENT AS TO WHETHER THAT'S AVAILABLE.

>> IS THAT FAIR? >> I'M GOING TO SAY I WOULD SUSPECT IT'S NOT AVAILABLE. 100% AGREE WITH DR. BLITHE IT'S NOT AVAILABLE. THIS IS A LIVING HOME WITH UNRELATED INDIVIDUALS LIVING THERE.

THE CITY ONLY -- THAT'S UNTHE CITY DEFINITION.

GROUP RESIDENTIAL. IT'S NOT ALLOWED IN THE ZONING

DISTRICT. >> THAT'S MAYBE WHAT HAS TO CHANGE IN THE CODE IF THERE WERE A CODE.

>> DO YOU WANT R-2 TO HAVE THIS TYPE OF UNRELATED MORE THAN FOUR INDIVIDUALS LIVING TOGETHER IN R-2.

>> OR THEY GO TO BOARD OF ADJUSTMENTS.

>> YOU CAN'T. THERE'S NO VARIANCE.

THAT WAS ACTUALLY REFERENCED IN YOUR MEMO.

>> THEN THERE'S -- >> MR. BOYD.

>> I DIDN'T SEE YOUR HAND. >> I THINK WE ALL AGREE THERE'S A VIOLATION. WITH THE RT-2.

WITH THE OPERATION THAT'S GOING ON NOW.

FINE A VIOLATION. GIVE 1 # 80 DAY TO FILE FOR AMENDMENT. OR MAKE A DECISION IF HE WANTS OBTAIN A LICENSE. I'M NOT IN FAVOR IN THIS CASE OF APPLYING FINES AT THIS TIME. WE NEED TO GIVE TIME LIMIT.

WE DON'T WANT TO PUT THE PEOPLE ON THE STREET.

GIVE THEM TIME LIMIT. MAKE IT PLENTY OF TIME.

IT'S BEEN GOING ON FOR FIVE YEARS.

AND LET HIM MAKE THAT DECISION. IT'S NOT UP TO AMEND IT.

CLOSE DOWN. YOU WOULD SUGGEST.

>> WROI WOULD SUGGEST FINDING A VIOLATION, GIVING THEM 180 DAYS TO COME INTO COMPLIANCE THEN REVISIT THE PENALTY AT THE END

OF 180 DAYS. >> OR SET PENALTY.

>> IF THERE'S A MOTION THAT SAYS THERE'S VIOLATION, AND WE GIVE

[02:45:03]

>> YOU'RE EXACTLY RIGHT. IST LISTENING DURING THE TWO HOURS WE SPENT. AND I KEPT GOING BACK.

THIS ADMONISH RESPONSIBILITY OF OWNER.

TROUBLED ME AT THE BEGINNING. >> TROUBLED ME WHETHER THEY ARE RELATED OR NOT RELATED. WE NOT LISTEN TO THEM.

I'M NOT SURE THAT THE FIRST CASE APPEARED FROM THE RECORD THAT SHE WAS NOT QUITE SURE WHATTH GOING ON IN HER PROPERTY.

BUT IF WE SAY WE GIVE THE TENANTS AND THE LANDLORD.

180 DAYS TO COME INTO COMPLIANCE AND FIND LANDLORDS IN VICE LAIGS. REVISIT IN 180 DAY.

DOES THAT HAVE A SECOND? >> WELL LET'S MAKE MORE CLEAR.

WE'RE VIOLATION WOULD BE FOR THE PROPERTY OWNERS.

IT HAS NOTHING DO WITH MR. GREEN.

>> YES. >> IF THEY WANT TO CONTINUE LEASING THE PROPERTY IN THIS MANNER, THEY HAVE TO COME WITH

SOLUTION. >> BRING IT INTO COMPLIANCE.

>> THAT'S CORRECT. >> COULD I JUST SUMMARIZE WHAT I UNDERSTAND TO BE FOUR WAYS OF GETTING INTO COMPLIANCE.

THE RESIDENTS HAVE A MAXIMUM IN FOUR RESIDENT.

THERE'S NO CITY CODE. TO APPLY TO.

THERE'S NO VIOLATION. >> IN THE CASE OF COMING INTO COMPLIANCE YOU GET A DCF LICENSE FOR AT LEAST TWO OF THE RESIDENCES AND ONE HAS TO GO DOWN TO FOUR WITHIN THE VERNON

AND THE 13TH STREET. >> THE TWO THAT ARE WITHIN THE 1200 FOOT RADIUS ONE HAS TO GO DOWN TO FOUR.

YOU CAN'T HAVE TWO GROUP HOMES IN THE SAME RADIUS.

>> YOU MOVE WHERE GROUP RESIDENCE ARE ALLOWED.

YOU DON'T REQUIRE LICENSE. THERE'S AN AMENDMENT WHICH

ALLOWS FOR OUT. >> THEY COULD GET ZONING CHANGE FOR 816 AND VERNON STREET AND 13TH STREET TO R-3.

>> THEN CLASSIFIED AS HOME RESIDENT OR GROUP RESIDENCE.

>> THEIR VARIANCE FOR USE OR NO? >> THAT'S TO REZONE TO R-3 OR -- IT WOULD BE CONSIDERED SPOT ZONING.

AND THE CITY WOULD NEED TO MOVE BACK.

>> FORGET THAT ONE. >> LICENSING CLOSING THE HOME.

MOVING TO R-3. >> DROPPING TO FOUR.

>> DROPPING ONE WITHIN THE 1200 FOOT RADIUS TO FOUR.

AND THEN GETTING THE OTHER TWO LICENSED AS GROUP HOMES TO EXIST IN THE CURRENT RESIDENCES MOVING TO R-3 OR THE AMENDMENT.

>> AND THAT WOULD OCCUR WITHIN 180 DAYS.

WHATEVER THE ANSWER IS. >> IF YOU MOVE TO RF3 THEN YOU HAVE TO BE SURE THEY ARE JUST IT'S JUST RESIDENTIAL.

IF YOU WERE JUST THERE WAS SOME EARLIER DISCUSSION ABOUT SUPREMACY SUPREMACY OF THAT. YOU CAN'T DO THAT CAN YOU.

>> WE'RE ONLY DEALING WITH THREE RESIDENTS IN R-2.

IF THEY MOVE, THEN IT'S THEY WILL BE FOR CODE ENFORCEMENT PEOPLE THAT DETERMINE WHETHER THEY ARE CONSISTENT WITH R-3

REQUIREMENTS. >> YOU SPECIFICALLY TELL THEM WHAT THEY CAN DO. I JUST HAD A QUESTION.

[02:50:04]

THE RESIDENTIAL HOME CANNOT -- GROUP RESIDENT DOES

NOT HAVE SUPERVISION. >> IF ONE OF YOUR SOLUTION MOVE TO R-3 I ASSUME THAT MEANT TO BE RESIDENTIAL GROUP RESIDENTIAL IN, IN WHICH CASE YOU CAN'T HAVE SUPERVISION.

>> CORRECT. >> I WOULD PREFER THAT I UNDERSTAND WHAT YOUR DOING. YOU'RE TELLING THEM WHAT THEY NEED TO DO TO COME INTO COMPLIANCE.

BUT I WOULD PREFER THAT MOTION FOR EACH ONE OF THESE CASES WOULD SIMPLY FIND THE PROPERTY IN VIOLATION.

GIVE IT SO MANY DAYS TO COME INTO COMPLIANCE.

>> MR. BOYD MOTION AFTER THIS DISCUSSION IS FOR EACH OF THE THREE CASES THE PROPERTY OWNERS ARE FOUND TO BE IN VIOLATION OF THE LAND DEVELOPMENT CODE. AND WE'RE GIVING THEM 180 DAYS TO COME INTO COMPLIANCE. AND IF THEY DON'T COME INTO COMPLIANCE WE WILL REVISIT THE PENALTY AT 180 DAYS.

>> I SEE ONE NODDING HEAD ON ZOOM.

>> IS THAT WHAT WE UNDERSTAND? >> I SEE TWO NODDING HEAD.

>> MR. BOYD MADE A MOTION AS I DESCRIBED.

IS THERE A SECOND. >> I WILL SECOND IT.

>> ANY FURTHER DISCUSSION? >> CLERK.

PLEASE CALL THE ROLL.

>> WE'RE CHECKING THE VIOLATION IS -- JUST 6.02.16.

>> YES. THAT'S IT.

>> WE SHOULD ALSO -- >> WE ARE NOT FINDING THEM IN VIOL VIOLATION PROPERTY OWNER ARE VIOLATION OF 602.16. IN EACH CASE, YOU GET 180 DAYS.

FROM TOMORROW. YOU COME INTO COME MOOINS MROOINS. THE NOT BEEN 18 DAY THE BOARD

WILL REVISIT THE PENALTY. >> THAT'S THE MOTION AS I

UNDERSTAND IT. >> NO FINES.

NO ADMINISTRATIVE FEES ASSESSED A THIS TIME.

>> NOT AT THIS TIME. >> 180 DAYS TO DO ONE OF FIVE

OPTIONS. >> HOWEVER THEY COME INTO

COMPLIANCE. >> THAT LEAVES US OPEN TO

CHANGE. >> WE WILL REVIEW IT AT THAT

TIME. >> THAT'S THE MOTION.

>> AM I CORRECT? >> I SEE NODDING HEADS.

[02:55:15]

COMMENT. >> IF MR. GREENE STILL IN THE

AUDIENCE? >> YES, HE IS.

>> I WOULD JUST LIKE TO SAY THANK YOU MR. GREEN FOR WHAT YOU DO. AND WE LOOK FORWARD TO TRYING TO HELP YOU RESOLVE THIS. BOARD BUSINESS THERE'S BOARD

[5.1 BOARD APPOINTMENTS - Recommendation of appointments ]

ARE THERE ANY AT THIS POINT? >> PROBABLY NOT.

[5.2 2021 MEETING DATES - All meetings are scheduled for the first Thursday of each month. ]

FIRST THURSDAY OF THE MONTH. AS WE OFTEN DO.

>> THAT'S FOOTBALL NIGHT. >> ANYTHING

* This transcript was compiled from uncorrected Closed Captioning.